January 17, 2017

Sheriff’s attorney motions to dismiss case

Sheriff’s attorney motions to dismiss case

By Jack Dura
Farmer Staff Writer

Defense attorney Tom Dickson has motioned to dismiss the complaint in suspended McKenzie County Sheriff Gary Schwartzenberger’s misdemeanor charge of misapplication of entrusted property.
“In this case, (Schwartzenberger) is being politically prosecuted for violating a county policy that did not exist at the time he is alleged to have violated it and for misappropriating county funds that were never missing,” Dickson wrote in his motion to dismiss filed Friday, Jan. 13.
“This political prosecution follows an established and vindictive pattern in which (Schwartzenberger) has been accused repeatedly of violating ex post facto policies in an effort by other McKenzie County officials to discredit him, remove him from office and punish him for daring to stand up to them.”
Dickson’s motion is accompanied by dozens of exhibits, including emails, newspaper articles, photographs, claim vouchers of McKenzie

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