Borowski family can finally move on

After more than two years, the family of Justin Borowski can finally start to move on from a dark chapter in their lives. 

In Keith County District Court July 16, the Colorado man held responsible for the July 5, 2019 death of 31-year-old Borowski was sentenced to prison for three years. 

Judge Richard Birch meted out the sentence to Timothy Walker, 44, of Brighton, Colorado, who accepted a plea agreement in May to one felony count of attempted manslaughter and one misdemeanor count of third degree assault. 

Walker showed no emotion when the judge sentenced him to three years in the Nebraska Department of Corrections on the attempted manslaughter charge and a year for the assault. Both are the maximum sentence for the offenses. Birch allowed both sentences to be served concurrently.

Borowski was assaulted at a home near Lake McConaughy on July 3 or the early morning hours of July 4, 2019. He was later airlifted from Grant to Kearney where he died from the injuries he sustained.

On behalf of the state and the Borowski family, Keith County Attorney Randy Fair asked Judge Birch for the maximum penalty.

Conversely, Walker’s attorney followed by making a plea that Walker was worthy of receiving probation instead of prison time. 

In asking for the maximum sentence, Fair said, “I think that it’s clear that we wouldn’t be here except for the actions of Mr. Walker, regardless of the things the defense may point to to offset those circumstances.”

He continued, “No one deserves the pain and trauma that was inflicted here, and Mr. Walker did positive things to start a chain of events that led to the death of Justin Borowski.”

Walker’s counsel, Sean Conway of Omaha, noted the case was filled with uncertainty, especially in light of pathologists’ opinions on what things led to Borowski’s death. 

In spite of the Borowski family’s desire to see Walker punished, Conway said that “based upon what we have, based upon the uncertainty underlying this case, based upon the facts and circumstances and the reasons that Mr. Walker would be a good and strong candidate for probation, according to the probation office itself,” he believed probation was an appropriate resolution.

However, Judge Birch said that due to the nature of the assault and injuries that occurred, he did not feel probation was appropriate. 

He said the presentence investigation included more than 300 pages, which was a testament to how complicated the case was, which, in turn, led to the plea agreement.

Judge Birch acknowledged there was some disagreement as to what actually led to Borowski’s death. 

What wasn’t an issue were the violent events that ultimately led to Borowski’s death, he said. 

“Mr. Borowski was struck several times, suffered severe injuries as a result of that assault, and there was no justification for that assault,” which set in motion a chain of events that led directly to Borowski’s death, he said.

Judge Birch also noted a great deal of alcohol been consumed. Had that not been the case, he doubted this would have ever happened, “which makes it even more distressing.”

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