A Kalispell man has been cleared of all allegations against him after it was determined his ex-wife fabricated stories about an assault.

Charles Weis, the 62-year-old owner of Woody’s Country Store, had been charged with felony aggravated assault in February 2013.

That charge was prompted by allegations by Kathy Smith Weis that Charles Weis assaulted her on Sept. 10, 2012 — four days before a divorce case was filed — when she refused to leave their home.

She initially told police that he jumped on her back and twisted her arm, tearing her rotator cuff, giving her a black eye and two dislocated ribs and causing damage to one of her cervical vertebrae that required surgery.

It was later found, however, that her accusations were untrue.

According to an Oct. 15, 2013, letter sent to the Flathead County Attorney’s Office by attorney Sean Hinchey, there were many discrepancies between initial statements by Kathy Weis and her later statements as well as the statements of several witnesses.

Kathy Weis initially signed a discovery response in the couple’s divorce case stating Charles grabbed her and tried to pull her into their truck, but later testified during a deposition in that case that “that was a misquote by the police officer” despite the fact that she had signed the document.

She also alleged that Charles threw her on a bed but at a different time said she lay down on the bed.

She also alleged that she suffered a black eye but multiple witnesses said she never had a black eye.

“The black eye never existed because Mr. Weis did not commit the offense she claims,” Hinchey wrote.

While Kathy Weis had other injuries requiring treatment, it was eventually discovered that they had existed prior to the fabricated assault.

“The neck and rib injury Ms. Weis claims to have suffered was not due to any actions of Mr. Weis but due to prolonged, chronic conditions Ms. Weis had suffered previously,” Hinchey wrote. “To be sure, Ms. Weis sought regular treatment from a chiropractor prior to this alleged incident for the very injury she claims was caused by Mr. Weis.”

Hinchey wrote that there is no mention in the law enforcement report that Kathy Weis suffered an injured neck.

Flathead County Deputy Attorney Stacy Boman went further, noting that witnesses said that following the alleged incident, Kathy Weis displayed no visible injuries or indication of pain of any kind.

Boman also said a purported witness to the assault told law enforcement he never saw any assault.

“I reviewed the case very carefully with [Flathead County Attorney Ed Corrigan] and we did not feel we had sufficient evidence to prove the case without a reasonable doubt, so we filed to dismiss the case,” Boman said.

The case against Charles Weis was dismissed last month.

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