Assault charges against Tim Navarre, a member of the Kenai City Council and of the Kenai Peninsula Borough Board of Education, were dropped last week after Navarre’s attorney raised a possible defense based on the relationship between Navarre and the alleged victim.

On June 6, a 911 caller reported to Kenai Police that Navarre had thrown a 6-year-old child from a car in the parking lot of the business complex at the intersection of the Kenai Spur Highway and Bridge Access Road, according to an affidavit filed in Kenai Court. According to the affidavit, the caller stated the child had landed about 8 to 10 feet from the vehicle.

Navarre denied throwing the child and stated he had set him on the ground after removing him from the vehicle for misbehaving, according to the affidavit.

Navarre was charged with domestic violence-related fourth degree assault.

Navarre’s defense attorney Andy Pevehouse gave notice to the prosecuting district attorney that he might defend Navarre based on an Alaska statute that allows parents or guardians of a child or legally incompetent person to “use reasonable and appropriate nondeadly force upon that child or incompetent person” when it is “necessary and appropriate to promote the welfare of the child or incompetent person.”

The charge was dismissed by the prosecutor.

Reach Ben Boettger at ben.boettger@peninsulaclarion.com.