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After review by two prosecutors, the man who reportedly struck a girl crossing to a school bus at a bus stop last fall will not face any charges.

A crash report from the Nov. 3 incident indicates Jesse Engesser, 37, of Bismarck, struck the 11-year-old girl on Jericho Road near Jordan Street. Bismarck Police Sgt. Mark Buschena previously said Engesser was the driver of the vehicle that struck the girl's abdomen and ran over her feet before he got out, yelled at her then drove away.

Bismarck Assistant City Attorney Jason Hammes and Burleigh County Assistant State’s Attorney Marina Spahr each reviewed the case.

“After reviewing the reports, I don’t believe that charges initiated by the Burleigh County State’s Attorney’s Office are warranted,” Spahr said in early March after sending the case back to Hammes.

Hammes said there’s nothing he could have charged. Some “factual issues with statements” also affected the case, he said.

“Based on all the facts and all the statements of all the witnesses that I’m aware of, the city wouldn’t be able to go through with ordinance violations,” he said Tuesday.

The crash report indicates police were called 43 minutes after the girl was struck. She was taken to a hospital for a suspected minor injury.

Reach Jack Dura at 701-250-8225 or


Crime and Courts Reporter