The 5th Judicial District Attorney’s Office says it will not prosecute a Dillon resident who a developer’s attorney recommended be investigated for a possible criminal charge.

Attorney Caroline Kwak, who represents Developer Jake Porritt and his company JGJP Dillon, sent a letter to the District Attorney’s Office in February recommending that it investigate local resident Laura Johnson and prosecute her under a state law that prohibits making false statements designed to affect an election.

But after an investigation, District Attorney Heidi McCollum said in a statement that “there is a lack of probable cause” to charge Johnson, “and my office is unable to prove a criminal case beyond a reasonable doubt.”

“My office has thoroughly reviewed the submitted materials and the statutory provisions related to this matter,” McCollum said. “We have declined to file criminal charges.”

Kwak’s letter recommending criminal charges came just days before a special election that resulted in three Dillon Town Council members being recalled and replaced. Discourse in the run-up to the election had focused primarily around Porritt’s proposed projects in town.

Johnson, who has been vocal about her opposition to aspects of Porritt’s projects, including the metro district established to help fund infrastructure associated with his redevelopment plans, said she appreciated the District Attorney’s decision not to file charges.

“My actions have been rooted in transparency, accountability and a genuine commitment to the Town,” Johnson said in a statement. “Everything I presented to the Council, the Town and the community — whether written or spoken — has been based on factual information.”

Johnson said that her statements were based on metro district agreements previously approved by the Dillon Town Council, open records requests received from the Triveni Square Metro Districts and public filings with the state. She said her facts in her statements were supported by a presentation by Butler Snow, a law firm that the town of Dillon hired as special council on metro districts.

“It has been difficult to experience personal attacks on me and my credibility, and I am grateful the DA publicly affirmed there was no reasonable basis to proceed,” Johnson said. “The Dillon voters have spoken clearly through both the referendum and recall elections that they are ready for new leadership and a constructive path forward. My hope is that we, as a Town, can come together around the shared goal of strengthening our community.”

Kwak said in a statement that, “Ultimately, the decision on whether to pursue criminal charges lies with the District Attorney.”

Despite Kwak stating at a public meeting that she would also be recommending the District Attorney’s Office investigate Barbara Richard, a candidate who was elected to the Dillon Town Council in the special election, McCollum said her office did not receive a letter recommending an investigation into Richard.

Describing Johnson and Richard’s statements ahead of the special election as “factually baseless allegations that were being spread in efforts to impact the recall election,” Kwak said that efforts had been made to educate the two Dillon residents.

“It’s clear from the many third parties including attorneys of the Town pointing out the blatant disregard for factual accuracy shown by Richard and Johnson ahead of the election that our response had nothing to do with intimidation or squashing free speech,” Kwak said.

Kwak also sent both Johnson and Richard cease-and-desist letters stating that they had disseminated false and misleading information among other perceived issues.

Johnson and Richard both previously told Summit Daily News that they do not believe the cease-and-desist letters hold merit and that the letters were issued in an effort to silence their concerns related to Porritt’s proposed projects and the related metro district.

“I am thankful that the thoughtful voters of Dillon saw through this unwarranted legal threat to the First Amendment right of free speech and the right to petition the government,” Richard said in a statement.

Kwak’s statement did not rule out potential civil litigation against Johnson or Richard. But Summit Daily found no active civil lawsuits involving Johnson or Richard in state or federal court as of Thursday, April 17.