MARSHALL - Charges were dismissed Tuesday against a Buffalo Lake man accused of misdemeanor assault in an incident in Lynd last fall.
Gerhard Arthur Ziemann, 65, of Buffalo Lake, appeared in Lyon County District Court on charges of fifth degree assault and disorderly conduct.
A complaint alleged Ziemann assaulted two men in Lynd on Nov. 9. Ziemann pleaded innocent to those charges in April. That same month Ziemann also wrote a letter to the Independent, in which he said he did not assault the men but reacted to being approached with a loudspeaker.
The two alleged victims in the case were scheduled to testify at Tuesday's hearing, but they did not appear. Public defender Cecil Naatz said both men had been served with subpoenas. Prosecuting attorney Glen Petersen said he had also contacted the witnesses and sent them letters regarding the hearing.
District Court Judge Michelle Dietrich asked Naatz if he wanted a warrant issued for the two men.
"Unless the state wants to dismiss charges," Naatz said.
Petersen said in light of the witnesses' failure to appear in court, he moved to dismiss the charges against Ziemann. The court dismissed the charges.
- Deb Gau