Prosecutor won't file charges against sheriff


Hamilton Co. sheriff back on duty after September arrest.

Hamilton Co. sheriff back on duty after September arrest.

By The Telegram

No criminal charges will be filed against Hamilton County Sheriff Richard Garza after he was arrested on an allegation of aggravated assault in September, according to special prosecutor and Scott City Attorney John Shirley.

Garza voluntarily placed himself on administrative leave following his arrest, which stemmed from a "family matter" where no physical violence occurred, Shirley said in the initial report in September.

According to Shirley, senior special agent Mark Kendrick of the KBI interviewed all witnesses and law enforcements officers involved in the arrest and obtained copies of all relevant phone calls to law enforcement and videos related to the incident.

"It is in my opinion that the present state of evidence is insufficient to establish probable cause that all elements of the crime of aggravated assault exist," Shirley noted in a press release.

According to the Hamilton County Sheriff's Office, Garza's return to duty was effective Friday.

Garza was not available for comment.

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