Former Palm Beach County sheriff’s deputy Jason Nebergall will be able to go home while an appeal is pending in his attempted rape conviction, a judge ruled Monday.
Nebergall, 39, was sentenced to eight years in prison after a jury found him guilty of attempted rape and battery. Nebergall, who was previously out on bond before the trial, has been held at the Palm Beach County Jail since his conviction on July 13.
Palm Beach County Circuit Judge Cheryl Caracuzzo ruled Monday that Nebergall could be released on $100,000 bond, plus in-house arrest. Caracuzzo also ruled that Nebergall must wear an ankle monitor while out on bond, according to court documents.
In the motion for bond, defense attorney Michael Salnick wrote that Nebergall had never been convicted before this, is not a flight risk, has appeared for all court hearings and would seek a job to help support his family while he waits for a ruling in his appeal.
In 2016, Nebergall was arrested after investigators said a woman accused him of forcibly kissing her, putting his mouth on her chest and attempting to rape her. Nebergall had previously been at the residence responding to a disturbance call between the woman and her landlord.
During the trial, the woman, who The Palm Beach Post is not naming to protect her identity due to the nature of the crime, took the stand and said she was scared to come forward but did not want this to happen to anyone else. Nebergall’s DNA was found on the woman’s breast, according to authorities.
Nebergall also took the stand and told the jury that he did not attempt to assault the woman, but instead she had come on to him. The defense argued the only reason his DNA was on the woman was because Nebergall had pushed her away when she approached him.
Before the trial started, the court agreed to exclude one DNA analysis relating to the DNA sample taken from the woman's behind. As Salnick questioned the woman during the trial, she made a comment about that DNA sample.
"Now you guys say the DNA was not on my butt, but there was (DNA) on my butt," the woman said.
Nebergall’s defense team argued it was intentionally blurted out and asked for a mistrial.
Caracuzzo denied the motion, saying the expert DNA witnesses cleared up any misconceptions the jury may have had.