The special prosecutor handling charges against fired ex-Taxation employee Ty Robben has ordered one of the two cases dismissed.
But Douglas County District Attorney Mark Jackson said he and his staff still are investigating the second and much more serious case accusing Robben of trying to hire a hit-man to kill Carson City Justice of the Peace John Tatro.
The first case charged Robben with stalking, libel, and two counts of attempting to intimidate Tatro and his family
“Based on a full and complete review of all the evidence and the existing constitutional, statutory and case law, I filed a notice of dismissal this morning,” Jackson said Wednesday.
That notice describes the state’s libel law as “unconstitutionally vague and overly broad and impermissibly allows for punishment of truthful statements which are protected by the 1st and 14th Amendments of the United States Constitution.”
The document says there is simply insufficient evidence to prosecute the stalking and intimidation counts.
Robben allegedly tried to arrange Tatro’s murder through another Carson City Jail inmate. Soliciting to commit murder is a Category B felony punishable by up to 15 years in prison and a $10,000 fine.
Jackson said that charge remains under review.
Robben has been battling the state and criminal justice system since he was terminated from the Taxation Department. He remains in the jail in lieu of $50,000 bail.