The DA's office agrees with the defense that 'beyond a reasonable doubt' was unlikely.
at a cabin in Bailey for a class assignment.
Eventually, the students and Spencer ended up in a physical confrontation; three of the students were injured. Spencer was arrested the next day in connection with the incident and charged with two counts of assault and five counts of harassment. On January 3, Linda Stanley, the district attorney for Colorado’s 11th Judicial District, moved to dismiss the case in a status conference before the trial, which had been scheduled to begin February 2.
“It’s the inconsistencies that the investigation had found that make it a reasonable unlikelihood of any kind of success at trial,” Stanley explained. “Additionally, along with the ethical obligations, I simply cannot proceed if I don't believe that I have enough evidence to prove it beyond a reasonable doubt.
“His name has been dragged through the mud in the press,” Penix said. “His business has been receiving anonymous one-star Google ratings online saying it’s a racist business.”
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