“I can not in good conscience transfer to dismiss those counts and comply with my oath of workplace,” Gallagher wrote. He then requested the Section of Justice think the case, crafting “Please assign this circumstance to PSB.”
In accordance to court documents, Smith and his wife had been consistently warned by staff at the Helena cafe previous November they wanted to put on deal with masks.
In the alleged altercation, Smith knocked more than water glasses on a table, in accordance to an affidavit, and then shoved a restaurant personnel. When other staff tried out to restrain him, Smith is accused of hitting an worker in the genitals numerous moments and then pinning that personnel member to a wall.
Smith is accused of then exposing a handgun he experienced in a black holster on his waistband. He “patted it with his hand and built a assertion to (an worker) to the result of ‘I’m going to get you,’” according to the affidavit.
The assertion brought on the staff to dread Smith “would use the gun to harm him or other personnel,” according to the affidavit.
The court docket entered a not guilty plea on Smith’s behalf Dec. 2, 2020.
A trial was established for the end of this thirty day period, but Smith’s lawyer very last Wednesday filed an unopposed movement to delay, citing the typical counsel for the Lawyer General’s Business office now symbolizing the state and partaking in settlement conversations with Smith’s lawyer.