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CITY, ND – (NewsDakota.com) The parents of a witness who claim the City Attorney of Valley City provided alcohol to her and others are upset he will not face charges following an investigation into the claim.
According to an article in the INFORUM, a county prosecutor decided not to press charges this month against Russell Myhre, the city attorney in Valley City, despite written statements from two minors who claimed they got booze from the man more than three times their age.
Cherrie Varner, 20, and a 17-year-old girl gave similar accounts of going together to Myhre’s house two or three years ago to pick up a case of cheap beer, according to a report released by the North Dakota Bureau of Criminal Investigation on Thursday.
The report is in response to a complaint made by the 17-year-old’s father, Bob Drake, who is known for clashing with city officials, including with Myhre. Drake is also spearheading a petition to disband the police department.
Drake’s daughter said it was after seeing Myhre on television a couple of months ago that she decided to tell her parents about the time she and Varner picked up beer from Myhre, who is in his late 60s. Drake told the Barnes County Sheriff, who told the BCI.
Despite having the two written statements, Jayme Tenneson, the special assistant Barnes County state’s attorney, cited “insufficient evidence” in a statement last week announcing he would not prosecute Myhre, who denies the allegation.
The case’s prosecution would have been complicated by the link to Drake, a political agitator, and Varner’s unwillingness to testify in court.
In the BCI report, Varner describes a close relationship with Myhre. Varner makes it clear to BCI Special Agent Ward Williams that she does not want to cause trouble for Myhre.
In her written statement, Varner says she grew to be “close acquaintances” with Myhre while in high school. Varner was a server at Kenny’s Family Restaurant, where Myhre was a regular customer.
Varner described Myhre as a fun person who some people said came on a little strong, Williams wrote in his report. Varner said Myhre was a “good guy aside from some of the things Myhre may have done,” Williams paraphrased.
Varner implied she had only received alcohol from Myhre once. She said in her written statement, “I contacted him for beer. He agreed. I was told to meet him at his place. He placed the case in my car. Keystone or Bud light. Russell I’m sorry … “
Varner told Williams that while her written statement was true, it was obtained under pressure from Barnes County Chief Deputy Don Fiebiger. She said Fiebiger was not letting her go until she gave a written statement and Fiebiger told her she could end up in court.
Fiebiger told Williams he never pressured or threatened Varner in any way, according to the report. Fiebiger did not respond to a request for comment.
Varner told Williams she did not want to testify in court. She said Myhre had a good job and she did not want to put it in jeopardy. She said she was not the kind of person who tore other people down.
She also said she did not want to get involved in what she described as a campaign to take down Myhre and the police department.
In an interview Thursday, Drake said his complaint against Myhre had nothing to do with his petition to disband the police department, which would put the sheriff’s department in charge of the city’s security. He said he had a problem with an old man giving booze to his daughter.
“Do you think that he was just giving them beer from the goodness of his heart?” Drake said.
Drake’s wife, Tamara, is furious over the alleged incident, according to the BCI report. Tamara Drake told Williams that if she “had known about this incident when it had occurred, Myhre would be walking with a limp,” Williams paraphrased. Williams also quotes Tamara Drake as saying she would have “taken Myhre out” if her daughter had been given beer and then killed in a car accident.
Varner, who did not respond to request for comment, pleaded guilty to DUI in 2014, according to court records.
In a statement this week, a lawyer for Myhre praised the decision not to prosecute. “The allegation made against Myhre was specious, untrue and politically motivated,” the lawyer, Joseph Larson, said. Larson wrote that Myhre would have no further comment on the matter.
Drake said Tenneson, the county attorney, should have prosecuted the case and let a jury decide. The allegation is true, he said, “And no one’s doing anything about it.”
Drake has made allegations of sexual and financial misconduct against a number of other city officials. Last month, the officials hired a lawyer and said they were the victims of a smear campaign.
North Dakota Bureau of Criminal Investigation report is available below.