An assault charge against Tommy Temple and Les Wilkes, filed by Jody Bryant, was dismissed Friday by justice court judge William Gunn.
Gunn ruled the state failed to prove Bryant felt he was in imminent danger in a confrontation at the Moose Lodge in September 2003.
"It was absolutely correct. There was no evidence of any kind that he received any serious bodily harm or that he was in imminent danger," said defense lawyer Dan Self. "When the writing hand is made a statement and then the witnesses say, well I didn't make it and then they say I did, that's where the judge found himself."
"The judge, with respect, is totally wrong. The evidence clearly showed the men, because of their physical size and physical ability, put this man in fear of serious bodily harm," said special prosecutor Bill Ready, Jr.
Because of possible double jeopardy, there can be no appeal filed.