OLATHE, Kan. (AP) - A misdemeanor domestic battery charge against an Overland Park City Council member was dismissed Thursday but a judge said prosecutors could refile the case later.
Councilman Scott Hamblin, 43, was charged in July after police were called to his home. No injuries were reported.
On Thursday, Johnson County Judge James Phelan denied the prosecutor’s request for a continuance and dismissed the charge, The Kansas City Star reported. He said prosecutors could refile the case if they deemed it serious enough.
Assistant District Attorney Samantha Shannon asked for the continuance because a police officer who is an essential witness is quarantined because of exposure to COVID-19. She also said investigators have been unable to serve a subpoena to the victim, who did not show up to testify.
Hamblin’s attorney, Kevin Regan, asked that the continuance be denied because it was the second time his client was ready to go to trial. He also argued the officer could have testified by video conference.
Hamblin remains on the city council after rejecting calls from other council members to resign when the charges were filed.
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