The case against Loudoun County treasurer Roger Zurn was dismissed by a Juvenile and Domestic Relations Court judge.
Judge Avelina Jacob dismissed the assault and battery case, Thursday, May 17, during a preliminary hearing.
"The judge dismissed the case based on insufficient evidence," Todd Sanders, Zurn’s attorney, said following the ruling.
Both Commonwealth Attorney James Plowman and Loudoun Juvenile and Domestic Relations Court Judge Pamela L. Brooks recused themselves from the case. Prince William County Assistant Commonwealth Attorney Amanda Komen took over prosecution on the case.
Both Plowman and Zurn are seeking re-election this year, running in tangent with the three other constitutional officers, Clerk of the Circuit Court Gary Clemens, Sheriff Stephen Simpson and Commissioner of Revenue Robert Wertz Jr. In February, Brooks said she would step aside because she had known Zurn personally for several years.
Zurn was charged with assault and battery after he physically removed a 10-year-old boy from his property, Feb. 13.
The incident occurred after two dogs that the boy was walking escaped from his grasp, Kraig Troxell, Sheriff's Office spokesperson, said in February.
"Apparently one of the dogs ran onto [Zurn's] property and the kid ran to retrieve the dog," Troxell said.
While property owners have the right to use reasonable force to remove someone from his or her property, Troxell said, the parents felt Zurn's action warranted a criminal complaint.
The boy and his parents are neighbors of Zurn's, who lives on Spectacular Bid Place in Leesburg.
While Sanders said he was prepared to present his case, reiterating Zurn’s denial of the alleged assault, he said the judge agreed there was not enough evidence to proceed.
"Based on what the state’s evidence was, it did not raise the incident to the level of a crime," Sanders said.
— Erika Jacobson