PHOENIX – Maricopa County Attorney Bill Montgomery will not file criminal charges against State Board of Education President Greg Miller for an alleged assault against Superintendent of Public Instruction Diane Douglas that occurred during a board meeting on August 24, 2015. The incident was investigated by the Department of Public Safety and forwarded to the County Attorney’s Office for review last month.
“In order to sustain a charge of assault under our criminal statutes, prosecutors must prove the intent to insult, injure or provoke,” Montgomery said. “After thoroughly reviewing the information provided by DPS investigators and carefully assessing the context within which these events took place, we have determined there is no reasonable likelihood of proving the required elements of an assault offense beyond a reasonable doubt.”
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