Dennis Pugh, who resigned from the Gardner City Council after being charged

Former Gardner City Council member Dennis Pugh

with battery and criminal deprivation of property, has applied for diversion.

“As I understand, it is being granted,” his attorney, Mark Lewis, told the court Jan. 12.

Pugh allegedly battered council member Larry Fotovich following an argument about videotaping council proceedings at a council meeting.

Pugh’s case has been added to the diversion docket. However, Steve Howe, Johnson County District, said in an interview last week that Pugh’s diversion isn’t yet finalized.

“I can’t comment until there’s a final deposition on it,” Howe said.

The diversion, if granted, will be a matter of public record.

At his arraignment on Jan. 3, Pugh entered a not guilty plea.

Pugh is scheduled to next appear in court at 11 a.m. on Feb. 24.

— Danedri Thompson