Fairbanks DA releases statement on ATV rider's dropped charges

The Fairbanks District Attorney's Office released an official statement regarding the charges against Devarge Walker, the ATV driver that claims he was assaulted by off-duty FCC corrections officer, Gregory Braeuer.

Walker was originally charged with fourth degree assault before charges were dropped on Tuesday.
District Attorney, Gregg Olson, released a statement saying due to 4,000 misdemeanor cases, the DA's office receives each year, they had only reviewed the written evidence in Walker's case, not the video, and had originally found probable cause.

Olsen then wrote:
"Upon receipt of the video from the media, I independently reviewed the entire case, including the police report, the criminal complaint, the audio interviews and Mr. Walker's video which he had provided to the Alaska State Troopers. Reasonable people can view the video and come away with differing opinions of what occurred. Based on my review of the video and the other facts in this case, I concluded that the charge against Mr. Walker was not a matter this office should spend its limited resources to pursue further."

Olson also said the case against Greggory Braeuer is currently being investigated by the Office of Special Prosecutions.

Here is Olson's official statement in it's entirety:

Fairbanks District Attorney’s Office Statement Regarding Charges Against Devarge Walker

The case involving Devarge Walker and Gregory Braeuer was submitted to this office with charging documents directed against Mr. Walker alleging that he committed a misdemeanor fear assault. In reviewing the police report and the criminal complaint (not the video and audio interviews), it appeared there was probable cause to proceed with the charges. Because of the large volume of misdemeanor case referrals we get in a year (approximately 4000), it is common to only review the written evidence when initially screening the case. The court accepted the charge which means the judicial officer found probable cause was established based on the information within the charging document.

Upon receipt of the video from the media, I independently reviewed the entire case, including the police report, the criminal complaint, the audio interviews and Mr. Walker’s video which he had provided to the Alaska State Troopers. Reasonable people can view the video and come away with differing opinions of what occurred. Based on my review of the video and the other facts in this case, I concluded that the charge against Mr. Walker was not a matter this office should spend its limited resources to pursue further.

As far as any case against Mr. Braeuer, that issue has been referred to the Office of Special Prosecutions. That office typically reviews conduct of law enforcement and correction officials to determine if it is criminal. Because that review is ongoing, it would be inappropriate to comment further on this matter at this time.

Gregg Olson
Fairbanks District Attorney