A misdemeanor partner family member assault charge against a deputy county attorney in Kalispell has been dropped, and the prosecutor is back at work.
Kenneth “Rusty” Park was arrested on April 26 after a late-night call accusing him of assault. He was cited for misdemeanor partner family member assault and placed on administrative leave at the Flathead County Attorney’s Office.
Park’s attorney, Thane Johnson, said he received a report on Thursday that the state had dismissed the case against Park.
“There isn’t sufficient evidence where they could convict,” Johnson said. “The evidence just wasn’t there.”
Flathead County Attorney Ed Corrigan passed the case to the state attorney general’s office, citing his office’s inability to handle it due to potential biases. According to Johnson, the charges against Park have been dismissed with prejudice, meaning there will be no further action on the matter.
“I think it’s nice that we can finally put this matter to rest,” Johnson said.
Park’s arrest and release from the county jail didn’t follow typical protocol. Justice of the Peace Mark Sullivan granted Park a late-night initial hearing and went to the jail after midnight at Park’s attorney’s request.
According to Sheriff Chuck Curry, inmates would usually stay in jail over the weekend if they were arrested on a Friday.
Park was on administrative leave with pay, but is back at work as a prosecutor in full capacity, Johnson said.