Steamboat Springs Two charges were dismissed Thursday morning against Adam Cumbie that were filed by former Deputy District Attorney Charles Feldmann.
Assistant District Attorney Kerry St. James dismissed charges of violation of a bail bond condition, a class six felony, and violation of a restraining order.
St. James dismissed the two charges at the beginning of a scheduled court trial in front of 14th Judicial District Judge Joel S. Thompson.
The court trial was set for Cumbie because Feldmann had charged him this past December with the two charges. Feldmann resigned Monday.
St. James dismissed the two charges because he believes he could not prove Cumbie guilty beyond a reasonable doubt, St. James said.
Feldmann had filed the charge because Cumbie was arrested on suspicion of drunken driving in Breckenridge last June. As part of the bail bond conditions placed on Cumbie for an earlier criminal case that is pending, he was to stay out of trouble with the law and refrain from consuming alcohol.
Cumbie was arrested last April and faces felony assault charges. At that time, conditions were set in place by Routt County Judge James Garrecht where Cumbie was not supposed to have any contact with the law and was also to refrain from using alcohol.
St. James argued Thursday morning that a suspect can't violate a restraining order or a bail bond condition by drinking alcohol.
"I picked up the case this week," St. James said referring to Feldmann's resignation. "I have spent a little bit of time with this file."
Cumbie's attorney, Larry Combs, did not object to St. James dismissing the charges.
Although these two charges were dismissed, Cumbie still faces charges of second-degree assault with a deadly weapon, violent crime with use of a weapon, criminal attempt and third-degree assault.
A three-day jury trial is set for this case Sept. 5 with Thompson presiding.
Cumbie, 28, faces the charges for an incident that occurred last April. The former Steamboat Springs man allegedly assaulted a friend with a hammer.