ELKO — Trial is set for former district attorney Gary Woodbury, who is accused of pushing a reserve sheriff deputy in the back at the 2013 Elko County Fair.
An arraignment hearing was scheduled Wednesday, but Woodbury — who hired local law firm Lockie & Macfarlan to represent him — filed an appearance waiver and the simple battery case will continue to trial. It is scheduled for Jan. 13, according to justice court.
Woodbury served as district attorney for 16 years. He works as a private practice lawyer, has been appointed counsel for numerous defendants, and continues to do work for the county in a Jarbidge road lawsuit.
He was charged with battery, a misdemeanor.
Under Nevada law, a person can be charged with a gross misdemeanor if they commit battery on a person who “possesses some or all of the powers of a peace officer.”
Because the case is pending, prosecuting attorney Michael Bongard declined to comment on the attorney general office’s decision to charge Woodbury with the lesser crime.
The charges stem from an alleged confrontation at the Elko County Fairgrounds, after a reserve officer, at the request of fair staff, asked attendees milling in a walkway to disperse, according to a charging document.
Woodbury allegedly refused to listen, swore at the deputy, and later pushed him from behind.