Rochester, MN ( KROC AM News) - The Olmsted County Attorney’s office has dismissed an assault case that was filed against a Stewartville teacher.

The case filed last year against 43-year-old David Sklenicka charged him with malicious punishment of a child and 5th-degree assault. The criminal complaint filed against the high school teacher accused him of hitting one of his students with a meter stick in 2018.

According to the complaint, the student says he was watching videos on a tablet in class when Sklenicka hit him twice on the leg with the stick. The student says it hurt and left two red marks on his skin. According to the criminal complaint, the student told his mother but did not report the incident because he didn't want Sklenicka to “face any discipline.”

The student says a week later, Sklenicka sprayed his neck with water and again he told his mother. A Sheriff’s Office investigator interviewed the student, a classmate, and Sklenicka. The classmate who witnessed the incident told the investigator the strike to the student’s leg was “decently hard.” Sklenicka told the investigator he used a ruler, not a meter stick and only “lightly tapped” the student. He also said he was “mildly irritated” at the time.

Sklenicka pleaded not guilty and was scheduled for trial next month.

The County Attorney’s office says “the victim was unable to testify” and the case was dismissed “in the interest of justice.

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