A visiting judge order the dismissal Tuesday at the request of the Del Norte County District Attorney’s Office.
The request cited the refusal of a special prosecutor from Shasta County to take further action in the case.
Last December, then-District Attorney Jon Alexander sent out a letter to several counties in Northern California requesting an attorney to prosecute Riese for his April 2012 DUI arrest that happened outside of Y Liquor on the north side of Crescent City, said Shasta County deputy district attorney Terry Powell.
“He was basically requesting prosecutorial assistance based upon the fact that the (Department of Justice) declined to prosecute the case,” said Powell. “Firstly, we reviewed the file and in reviewing the information, we had felt that charges were warranted based upon the police reports that were submitted. Once we made that decision we talked to Mr. Alexander.”
“I just filed what I felt were the appropriate charges,” said Powell.
In order for Powell to continue to prosecute the case, Shasta County wanted Del Norte County to indemnify him from any civil litigation that might be filed by Riese as a result of the prosecution, Powell said. Riese currently has a civil lawsuit against the county regarding what he considers to be Alexander’s campaign to exact revenge against his former boss.
Powell stated the county never responded to an indemnification request.
“I stopped prosecuting it when the county didn’t indemnify me,” said Powell.
County Counsel Gretchen Stuhr stated in an e-mail to the Triplicate that she never received an indemnification contract from Shasta.
Board of Supervisors Chairman Mike Sullivan said the issue had never been brought to the board’s attention.
The Shasta County employee who is in charge of overseeing such contracts was out of the office Wednesday.
Riese denied being under the influence.
“I believe they’re making the prudent call,” said Riese on Tuesday. “I’m pleased. That’s a chapter in my life I can close now and maybe move forward.”