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DILLON, Colo.—A Dillon police officer will not stand trial for a misdemeanor assault charge after a visiting judge tossed out the district attorney’s motion for an appeal.

Brian Brady was charged with third-degree assault on a minor after he was accused of hitting a handcuffed juvenile during a 2010 robbery investigation.

Judge Edward Casias dismissed the case after defense attorneys pointed out errors prior to the trial.

According to the Summit Daily ( ), District Attorney Mark Hurlbert appealed after the case saying the errors were not crucial to the trial.

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Information from: Summit Daily News,

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