Matthew Stubbendieck, the Weeping Water man convicted of assisted suicide for his girlfriend's death last year, has appealed.
He had been set to go to jail Wednesday, the anniversary of the death of Alicia Wilemon-Sullivan, a Florida woman he had dated.
Instead, Stubbendieck, 42, filed notice of appeal.
At a hearing June 28, Cass County District Judge Michael A. Smith set an appeal bond at $500, allowing him to remain free while his case goes to the Court of Appeals.
Earlier that month, Smith sentenced Stubbendieck to four years of probation and 25 days jail, five to be served immediately, and the rest each year from Aug. 1-5.
On Aug. 5, 2017, Stubbendieck told Cass County sheriff's investigators that Wilemon-Sullivan had killed herself and led them to her body in a wooded area near the west end of town.
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Wilemon-Sullivan had told him she was dying of cancer, in pain and wanted to die. Stubbendieck borrowed money from his parents and bought her a one-way plane ticket Aug. 1 to Nebraska from her home near Orlando, Florida.
Stubbendieck told investigators she cut her wrist with a knife she had taken from his house. For five hours, he stayed with her in the woods, eventually leaving her there.
By morning, Wilemon-Sullivan was dead.
In April, a jury found him guilty of a rarely charged felony for assisting in her suicide.
Cass County Attorney Colin Palm told the jury in closing arguments that Wilemon-Sullivan may have slit her own wrist with a knife, but Stubbendieck was the one who decided not to get her help and let her bleed for hours.
Defense attorney Angela Minahan argued that Wilemon-Sullivan alone was responsible for her suicide and told Stubbendieck she was dying of stage-4 cancer, in pain and wanted to die.