Prosecutors have dropped charges against two Lincoln men originally accused of impersonating a public safety officer and trying to steal a bulldog in May.
Lincoln police had cited Zachary Fuller, 30, and Trey Piper, 22, on suspicion of impersonating a public service officer based on a man's identification.
Friday, Fuller's attorney, Brad Sipp, said: "I think they had a witness that simply had lied to them (police)."
He said Fuller was lucky because he had proof that he was at his child's performance at a Lincoln middle school on the night of May 9, when the incident was alleged to have happened.
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Police said then that an 18-year-old woman and her boyfriend told them they confronted two men, wearing tactical vests, badges, batons, guns in holsters and black clothes with no patch or identifying logos. The couple believed the men were trying to steal the woman's dog.
They said one identified himself as an animal control officer and claimed it was illegal to have a dog on a balcony.
Piper and Fuller both were ticketed. But prosecutors since have dismissed the charges against both.
"It just wasn't these guys," Sipp said Friday.
He said not only had Fuller taken photos at the school performance that documented where he was, but a cellphone tracker also confirmed his whereabouts.