Deputy Flathead County Attorney Kenneth “Rusty” Park is back at work.

Park, had been on paid administrative leave since he was arrested April 26 and charged with misdemeanor partner or family member assault.

“He is back to work in a limited administrative basis,” Flathead County Attorney Ed Corrigan said. “I was not inclined to give him a paid vacation.”

Corrigan passed Park’s case along to the Montana Attorney General’s Office due to the potential conflict of interest of prosecuting his own employee. He said he has not heard anything about the case because he also is a witness.

“I am properly out of the case,” Corrigan said.

That case is now out of Flathead County.

Flathead Justice Court Office Administrator Kimberly Dumon said Justice of the Peace Mark Sullivan has removed himself from the case, which has been transferred to Judge Jay Sheffield in Lincoln County Justice Court.  

Robin Schiferl, Lincoln County Justice Court clerk, said Thursday that she had just received the case file and the next scheduled hearing is June 25.

Park’s attorney Thane Johnson called Sullivan in to hold an initial appearance for Park just after midnight following the incident so Park would not have to stay in jail over the weekend.

Numerous attempts to contact Sullivan about the unusual midnight hearing were unsuccessful.

“He has no comment for you,” Dumon said.

Park said Wednesday he also had no comment on his case except to say, “There’s more to this story.” He directed any questions to Johnson, who shared his thoughts Thursday on the change in venue.

“The judge was kind of run through the press pretty hard, and I think just to make sure that there is no prospect of anybody thinking there is any favoritism,” Johnson said. “Because I don’t think there was any in the first place.”

He said he was confident in the strength of their defense.

“Based upon our investigation of the facts, basically from the initial charge to today’s date, we really like our case,” Johnson said. “I’m convinced that Kenneth Park did nothing wrong. Frankly, he was the victim of an assault, and that will come out if it goes as far as trial.”

However, Johnson said he does not expect the case to get that far and actually expects it to disappear.

“It unfortunately got blown up and I understand why, because [Park] is one of the chief deputy county attorneys,” he said. “But it’s pretty much irrelevant when it really comes down to it.”

Park’s wife, Diana, said she was frustrated with her husband’s release early April 27 after having been told by several police officers that he would not get out of jail until April 29.

“I was very, very upset about that,” she said.

Diana filed for a restraining order against her husband as part of divorce proceedings, and a hearing to show cause for that order was scheduled for May 21 but was continued to June 24. In the filing, she gave her account of the alleged incident for which her husband was arrested.

According to her, Park threw things in the kitchen, breaking plates and other items, before throwing a laundry basket containing craft materials, picture frames, books and marbles at her. The basket and other items hit her elbow and ankle.

That story is echoed in her comments to police the night of the incident, according to the affidavit of probable cause in the criminal case, although the contents of the basket were not listed.

She also claimed in the restraining order filing that he threw other personal items and clothing at her, which hit her, and that she sustained bruises on her arms and legs.

In addition to the April 26 incident, Diana alleged similar incidents occurred on April 22 and April 8. She also claimed he goes off every week or two and that he has a violent temper.

Johnson was not impressed by what he saw in her filing.

“I read what was alleged in the affidavit for the restraining order — and I do a lot of this — and it’s extremely weak,” Johnson said.

He said he and Park will participate in the restraining order hearing but that Park will not testify.

Reporter Jesse Davis may be reached at 758-4441 or by email at jdavis@dailyinterlake.com.