On Monday, South Central District Decide Sonna Anderson dismissed his two-yr-previous misdemeanor cost of misapplication of entrusted property, associated to just about $1,000 in bills on a county bank card in March 2015 at a Las Vegas sheriffs’ conference.
“It’s time to put this challenge to relaxation,” Anderson wrote.
Schwartzenberger was charged in November 2015 and fought the legal case for nearly his whole first time period in workplace. The dismissal comes 5 months after Gov. Doug Burgum reinstated the embattled sheriff following a delayed removing continuing, in addition to an attraction Schwartzenberger gained over the county fee associated to authority over his staff.
Schwartzenberger didn’t return a number of telephone calls and an e-mail Tuesday looking for remark. A lady who answered the telephone for the McKenzie County Sheriff’s Workplace administration stated he was attending a county fee assembly.
“The state failed to satisfy its burden to show the weather of the offense,” Anderson wrote.
McKenzie County had no bank card coverage on the time of Schwartzenberger’s disputed expenditures, based on courtroom paperwork. McKenzie County assembly minutes point out that commissioners did approve a bank card coverage in August 2015.
Protection lawyer Tom Dickson, talking by telephone from Rugby, stated the case has been “an extended, robust battle.”
“We’ve litigated this factor ‘til the cows got here residence, actually,” he stated. “We gained. It by no means was a case. Our place was fairly clear.”
The North Dakota Bureau of Legal Investigation probed the matter earlier than Schwartzenberger was charged. McKenzie County Fee minutes point out the sheriff, commissioners after which-auditor/treasurer wrangled over his use of the county bank card in 2015, even disputing his buy of bulk sweet for parades a yr later.
Dickson stated he represented Schwartzenberger professional bono on this case, which had been set for trial in a month.
“I don’t like bullies, and that’s precisely what this case was,” he stated, referring to perceived assaults from the Lawyer Common’s Workplace, which prosecuted the sheriff.
Since Schwartzenberger returned in early August, eight deputies have resigned from the McKenzie County Sheriff’s Workplace, most of them leaving for different businesses. No less than two former deputies have filed labor grievances.
Late final yr, Schwartzenberger indicated his intent to run for a second time period.