031517-nws-gary-schwartzenberger

Former McKenzie County Sheriff Gary Schwartzenberger, left, sits next to his attorney, Tom Dickson, at the Burleigh County Courthouse in Bismarck in March during a discovery hearing for his charge of misuse of county government funds. 

McKenzie County Sheriff Gary Schwartzenberger has filed again for Judge Sonna Anderson to dismiss his criminal case.

He was charged in late 2015 with misdemeanor misapplication of entrusted property, related to nearly $1,000 in disputed expenditures on a county credit card at a Las Vegas sheriffs' convention.

Last month, Gov. Doug Burgum reinstated Schwartzenberger after an eight-month removal proceeding stemming from allegations of bullying, retaliation and the sheriff's criminal case. Two weeks ago, the North Dakota Supreme Court also overturned a district judge's ruling regarding a writ of prohibition over McKenzie County commissioners' authority to discipline Schwartzenberger's employees, including a former administrative lieutenant.

"The actual criminal charge against Sheriff Schwartzenberger has been investigated, prosecuted and litigated in an unprecedented level," defense attorney Tom Dickson said Wednesday in his motion to dismiss, adding that the special commissioner in the removal proceedings "found as a matter of law that no crime was committed" regarding the disputed expenses.

Dickson motioned twice previously to dismiss the case in January. In March, Anderson denied both motions.

Schwartzenberger, who was elected in 2014, is set for a two-day jury trial to begin Sept. 14.

Reach Jack Dura at 701-250-8225 or jack.dura@bismarcktribune.com.

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