Appeals Court Judge John Tyson has been cleared of an assault allegation after a state prosecutor said there is no evidence of a crime.

“My client is pleased to hear of the rightful dismissal of the summons against him,” attorney David Courie said in a statement released today. “False allegations should be dismissed. It is bad enough to be falsely charged and to suffer a rush to judgment by some despite the evidence, but it need not be followed up by blind prosecution.”

In May, Myahtaeyarra Warren swore to a magistrate that Tyson committed assault with a deadly weapon by attempting to hit her with his SUV. Warren had been protesting in the vicinity of the Market House in downtown Fayetteville when Tyson drove his vehicle around the traffic circle on May 7.

At least two other protestors reported witnessing the incident, claiming people had to “jump back to not get hit by the vehicle” and “people standing on the mural section had to back up to the fence…”

The charge was referred to the independent Conference of District Attorneys after the local District Attorney’s office recused itself from handling the case, citing conflict of interest as Judge Tyson hears direct appeals of cases prosecuted in the county.

According to Cumberland County Court documents released June 11, “the State obtained, reviewed, and agreed to release six different city cameras that captured various aspects of the described event.”

The state reviewed the footage with Warren on June 10. “After this review, Ms. Warren and her mother acknowledged that Ms. Warren was standing on the sidewalk, leaned up against the fence before, during, and after Tyson’s car passed by them. Tyson’s car never moved towards Ms. Warren or any other protestor present.”

The Dismissal document goes on to state that “the State finds no credible evidence that a crime was committed … the video evidence clearly shows no interaction between Ms. Warren and Mr. Tyson and no evidence of an assault.”

The document further provides that “none of the three people on the circle side of the street reacted in any way to Mr. Tyson’s vehicle passing.”

After the summons was dismissed, Courie elaborated on Tyson’s service as a lawyer, judge, professor and local businessman. “He has spent his life taking responsibility, caring for his family and others, and investing and giving back to his hometown and state.”

“Our laws and criminal justice system cannot support the opportunistic use of the law and smearing of honest reputations earned over a lifetime of work and contributions to our state,” Courie said in a statement. “It can ruin lives and reputations, undermine the credibility of actual criminal acts, and result in the wasting of valuable local law enforcement and court resources in our community.”

Pictured: Judge John Tyson courtesy nccourts.gov