GILMANTON — Circuit Court Judge Jim Carroll has denied a motion to reconsider his decision to dismiss the state's case against a former firefighter who had been accused of attempting to steal gas from the town pumps.
Carroll ruled yesterday that he made his decision based on a legal argument made by Bryon McSharry's attorney Mark Sisti.
"The Court does not find any facts nor any legal analysis which the court misapprehended," wrote Carroll.
Gilmanton Police charged McSharry with theft in early November of last year when someone allegedly said they saw him take the gas key from the Fire Department's forestry vehicle, disappear in the direction of the town's pumps, and them return it to the forestry vehicle.
The town prosecutor dropped the charge of theft but went forward with the charge of attempted theft.
When the case was initially dismissed two weeks ago, the prosecutor asked Carroll to reconsider his dismissal, arguing that the case should go to a bench trial at which the judge could determine the credibility of the witnesses and the evidence for himself.