Sadvar saga is over
Judge grants motion to dismiss case against boy, 12
Twelve-year old Austin Sadvar’s legal battle has ended.
On Monday, County Court Judge Mary Lynn James granted a special prosecutor’s motion to dismiss disorderly conduct charges against Austin.
The decision to dismiss ended a seven-month legal battle for the Sadvar family that began when Austin got into a fight with another student during school.
Austin’s mother, Nancy Sadvar, said the other student was harassing Austin when the fight broke out. No one was injured, she said.
The special prosecutor, Christopher Gaddis of the 9th Judicial District in Glenwood Springs, said he asked to dismiss the charges because the alleged victim was “out of country,” and he didn’t think he could prove the case beyond a reasonable doubt.
“The anguish Austin and our family has had to endure over the past seven months has been an outrage. The money that we and the taxpayers of Moffat County have had to spend when methamphetamines and true criminal activity is on an uprise is incomprehensible,” Nancy Sadvar said in a statement.
Austin’s court file is sealed because he’s a juvenile.
But Austin’s mother said the other student in the fight was Mexican, and the 14th Judicial District initially charged Austin with ethnic intimidation and third-degree assault. The office lowered the charges to disorderly conduct when the alleged victim could not be found.
Austin’s attorney, Kristopher Hammond of Steamboat Springs, then petitioned for a special prosecutor to be appointed, citing state statute that allows for disqualification of a prosecutor from a case if the attorney has a personal or financial interest in the case or would make a fair trial unlikely. Judge James granted the request.
Hammond motioned for the case to be dismissed with prejudice, meaning charges could not again be brought against Austin in relation to the school incident. Gaddis didn’t object to the motion, and James said she would consider it before making a decision.
James ruled on the case by telephone from Steamboat Springs. A case in Routt County ran late and prevented her from arriving in Moffat County in time for Austin’s case.
Supporters contributed $950 to a legal fund to aid Austin’s case, Nancy Sadvar said.
“We do thank the community and nation for its public support, both verbally and financially. The best and only good thing to come out of this is our confirmation that we the people stand side by side when justice isn’t served, to fight for what’s right,” Nancy Sadvar said.
The TV tabloid program “Inside Edition” has arranged to meet the Sadvars in Craig to tape a segment about the case now that it is finished.
A time to film it has not been set, Nancy said.
Rob Gebhart can be reached at 824-7031 or firstname.lastname@example.org.
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