An assault charge has been dismissed against a Tri-City lawyer accused of harassing a golfer from the back porch of his Kennewick home last month.
Rob McMillen also can get a second charge dropped in six months if he stays out of trouble, doesn't drink and testifies against the alleged aggressors in the incident, if they are charged.
McMillen, 39, was arrested June 10 after Kennewick police received several calls complaining about a group of men hitting golf balls from the patio of McMillen's Canyon Lakes home.
Calls then came in from a golf course employee and a man who said he had been golfing with two male friends when they were taunted by men who were "being aggressive toward them."
When the golfers told the group to "knock it off" and called one a "dumb-ass," two men left the house and went onto the golf course and started fighting, according to a Kennewick police report filed in Benton County District Court.
The rest of the group, including McMillen, also went on the course, and McMillen allegedly put two of the golfers in a headlock during the scuffle, one man reported to police.
The golfers told officers the men involved had been drinking, according to police.
The two golfers suffered minor injuries that did not require hospitalization.
McMillen was charged in District Court with fourth-degree assault and creating or maintaining a public nuisance.
On Thursday, the assault charge was dismissed after McMillen agreed to a stipulated order of continuance, which says McMillen agreed that probable cause existed to support the misdemeanor crime of maintaining a public nuisance.
McMillen also agreed to provide a written declaration from each of the two party guests who were described as the primary aggressors in the alleged assaults, documents said.
Judge Katy Butler was told the declarations have been provided to Kennewick's prosecutor.
McMillen also must testify if charges are filed against the two alleged aggressors.
After reviewing the order, Butler asked if alcohol was involved in the incident. When she was told yes, she added a requirement that McMillen not consume alcohol.
The case will be dismissed in six months if McMillen meets the requirements of the order and has no new criminal charges.
-- Paula Horton: 582-1556; firstname.lastname@example.org