A disorderly conduct charge filed earlier this month against a country singer has been dismissed in Tiffin Municipal Court.
The minor misdemeanor charge against Tracy Lawrence, 43, was dismissed Monday after the city prosecutor filed a motion to dismiss it, according to court documents.
"We're happy about the dismissal," said Dean Henry, Lawrence's attorney. "I know that Mr. Lawrence is going to be happy."
According to the memorandum in support of the dismissal, the state requested the dismissal because it felt that "disorderly conduct could not be proven beyond a reasonable doubt." The memorandum also stated that "if the charge of disorderly conduct were prosecuted, defendant would successfully claim self-defense, and the state would be unable to secure a conviction at trial."
Lawrence and Elmer Cole Jr., 52, of Bloomville, the promoter of Smokin' Country Concert, both were charged with disorderly conduct after a physical fight broke out between the two at the concert Aug. 6. Lawrence had performed at the concert.
The two had gotten into a fight after his bus got stuck in mud.
According to the memorandum, a witness saw Cole throw the first punch at Lawrence.
"The statement is supported by (Lawrence's) physical injuries, which were greater than Mr. Cole's and indicate an unexpected attack rather than mutual combat," it states.
"It showed he wasn't the aggressor and that he didn't do anything improper after he was punched," Henry said. "We think it's a fair resolution."
Cole still faces the disorderly conduct charge, a Tiffin Municipal Court spokeswoman said, and he is set to appear Thursday for a court trial.
James Gucker, Cole's attorney, said he and Cole plan to go forward with the trial.
"We're still set for a trial," he said. "Elmer was attacked and that's our position. That's what several other witnesses say."
Gucker also said Cole was put in an uncomfortable position because he was arrested, led across the concert grounds and put into a deputy's cruiser after Lawrence told deputies Cole had a gun. It was later discovered Cole did not have a gun.
"He was put in a pretty compromising position," he said.