The Johnson County District Attorney’s Office granted Dennis Pugh’s diversion request last week.
The former Gardner City Council member was charged with assaulting fellow council member Larry Fotovich following a heated council meeting. He also faced a charge of criminal deprivation of property.
The diversion agreement requires Pugh to meet with an anger control counselor who may recommend treatment. He must submit to breath, saliva, blood or urine tests any time he’s asked by an official of the court; pay $107.33 in restitution, another $100 for the diversion application, and $171.50 in court costs; The terms of the agreement also restricts Pugh from any direct or indirect contact with Fotovich.
As part of his diversion, Pugh acknowledged that he was charged with two crimes and that the District Attorney’s Office believes the evidence proves the case against Pugh.
Steve Howe, Johnson County District Attorney, said the diversion agreement is pretty typical for a first-time offender charged with similar charges.
“There’s nothing unusual about that agreement,” Howe said. “It’s pretty standard.”
If Pugh fails to comply with the diversion agreement, prosecution may be re-instated.