State drops battery case

SANDPOINT — A misdemeanor charge against a Sandpoint woman accused of battering a city official was dismissed on Tuesday.

Bonner County Chief Deputy Prosecutor Shane Greenbank cited a number of technical and practical reasons for moving to dismiss the battery charge against Rita Nancy Hutchens.

Under the state’s criminal procedures, a court is required to dismiss a case if a defendant is not brought to trial within six months of their arraignment. The speedy-trial deadline lapsed on Aug. 1, Greenbank said in the motion.

Greenbank said the state could arguably extend the deadline because Hutchens failed to appear in court and was the subject of an arrest warrant for about four months. The proceedings have also been delayed by Hutchens’ defiance of a court order requiring a mental health examination.

However, Greenbank said the right to a speedy trial was too important to be “offhandedly brushed aside.”

Additionally, Hutchens has been arrested three times while her case was pending.

Hutchens, 57, was arrested in April on the failure-to-appear warrant. She also notched arrests for contempt of court in May and for noncompliance with the court-ordered evaluation in July.

As a result, Hutchens has already spent more time in jail than she would have received if convicted for battery, Greenbank said in the motion.

Hutchens heeded a third order for an evaluation and she was deemed capable of assisting in her own defense.

However, the nature of the evaluation or a diagnosis were not disclosed to the state, according to Greenbank.

“Finally, while it is unfortunate that the psychological evaluation did not result in some treatment recommendation that may benefit the defendant — and, by extension, the public — the state has done all it is able to do in order to minimize further risk to the public,” Greenbank wrote.

The state moved for the evaluation and Judge Debra Heise granted the motion, noting that Hutchens has filed “nonsensical” court documents, refused to identify herself in court and allegedly battered Greenbank when he served her with court documents, among other things.

Hutchens was accused of hitting a deputy clerk with an ink pen at Sandpoint City Hall last year. Hutchens, who was researching legal claims related to her wrongful arrest in a 2011 stalking investigation, denied the allegations.

Judge Debra Heise granted the dismissal motion on Tuesday.

Despite the dismissal, Hutchens remains subject to criminal proceedings stemming from her arrest in April.

A marijuana pipe was allegedly discovered when officers forced their way into her home and arrested her, court records indicate.

Hutchens is scheduled to be tried on the misdemeanor drug offense on Sept. 12, court records show.