Jamestown (CSi) An investigation into the allegation of misuse of government  property by the Stutsman County Sheriff’s Department has not shown evidence to file charges for defamation.  The story first aired on Valley News Live.

FremgenFritz3According to Fritz Fremgren, Stutsman County State’s Attorney,  “After a thorough investigation by a senior ND BCI agent, Dale Maixner, an independent review of the investigation was conducted by a veteran prosecutor outside Stutsman County, Cherie Clark, Assistant State’s Attorney, Cass County.  Clark’s well written opinion is that there is insufficient evidence to support a criminal prosecution.  No further criminal investigatory activity is anticipated. ”   

The North Dakota Bureau of Criminal Investigation began the  investigation after it was alleged to Valley News Live that a deputy and the sheriff’s son were using a jet ski reportedly owned by Stutsman County for recreational use.   It turns out the county did not own the jet ski and the “claim” was incorrect.   The story set off further investigation for possible defamation.

BCIJetSkiValleyNewsLiveBecause of the sheriff’s and police chief’s potential conflicts, BCI Agent Dale Maixner investigated the potential defamation.   Additionally, the BCI report was then reviewed by Cherie Clark, Assistant State’s Attorney, Cass County.

The report said several officers were interviewed from the Jamestown Police Department and Stutsman County Sheriff’s Department.  Both the report and the review of the report indicate  not enough information was found to file charges against any individuals.

The analysis by Cherie Clark , Assistant State’s Attorney, Cass County, of the report:

“Stutsman County State’s Attorney Fritz Fremgen requested that I review BCI Report No. 15-0727 and determine whether criminal charges are appropriate. The report involves potential defamation – namely, information sent to Valley News Live (“VNL”) that falsely alluded to Stutsman County law enforcement personnel using a government jet ski for personal use. After reviewing the report, I have concluded that there is insufficient evidence to support prosecution of either Jamestown Police Detective Tom Nagel or Stutsman County Sheriff’s Office Sergeant Elizabeth Kapp.”

PDF of Clark review of BCIreport