Burbank Man Pleads To Simple Assault BURBANK — A Burbank man has pleaded guilty to a misdemeanor charge of simple assault in connection with an incident last month involving neighbors. David Nieman pleaded guilty to the reduced charge, a Class 1 misdemeanor, at his arraignment April 14 in Clay County magistrate court. He paid fines totaling $365, and his 30-day jail sentence was suspended based on no use of threatened use of violence in the next 360 days. According to Clay County court records, authorities had initially sought charges of aggravated assault, possession of a loaded firearm while intoxicated and driving while under the influence. Nieman was arrested on the aggravated assault charge in connection to his firing of a shotgun in the air over the head of another man, according to a press release from the Clay County sheriff‚s office. Nieman was responding to target shooting that was fired in the area of his house, the press release said. Clay County State's Attorney Teddi Gertsma said this week that she amended the complaint against Nieman after reviewing the facts of the case. "After I reviewed it and talked to the victim, I decided that simple assault was the approach to take," she said. In addition, Gertsma said she dismissed the other two charges dealing with intoxication after she received the results from Nieman's lab tests.