Criminal Trial Attorney Sees Charges Dropped Against Client, John San Agustin, and Case Dismissed

Originally Published By Alexa Mae Asperin | Fox 21 News
Updated: Oct 16, 2017 09:25 PM MDT

John San Agustin was indicted in May 2016 on charges of kidnapping and false imprisonment over the arrest of Kelly Trull McMann, a person San Agustin said he’s never even met. Former sheriff Terry Maketa and former undersheriff Paula Presley were also charged in connection with the case.

His attorney, criminal trial lawyer Iris Eytan, said Monday is a day that never should have happened in the first place.

“There was an abuse of power in this case,” she said. “The prosecution came after John San Agustin, who they knew had absolutely nothing to do with the arrest of Kelly McMann. They knew that in 2014 when they started the investigation, because his name never came up. They knew that in March of 2016 when Shannon Gerhart was the one that made the order to arrest Kelly McMann.”

The prosecution said in court they were dropping the charges because they didn’t have enough evidence to move the case forward, but Eytan said they didn’t have any evidence, period.

“We wanted this case tried. We want to be able to show the entire country, the community, his family, that he was innocent,” said Eytan.

Both San Agustin and his attorney believe he was targeted because he wouldn’t play office politics.

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