BISMARCK, N.D. — The attorney for McKenzie County Sheriff Gary Schwartzenberger is asking a judge to throw out a criminal charge against his client.

Schwartzenberger is charged in state court 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.

The Bismarck Tribune reports that defense attorney Tom Dickson has filed a motion to dismiss the case. Dickson says the charge against Schwartzenberger has been “investigated, prosecuted and litigated in an unprecedented level.”

Schwartzenberger was suspended from his sheriff’s position last November by then-Gov. Jack Dalrymple. The sheriff was reinstated by Gov. Doug Burgum last month after a special commissioner ruled there wasn’t enough evidence to support his removal.

Information from: Bismarck Tribune,

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