Department of Law Criminal Division Of?ce Of Speciai Prosecutions 310 Street. Suite sot Anchoroge, AK 99501 Toll Free: {8881 398-0407 Phone: 2159?6250 Fox: 2159?7939 December 12, 2017 Sergeant Jeremy Weske Juneau Police Department 6255 Alaway Ave. Juneau, AK 99801 Re: State 11. David S. Wi?ison, PBX 0667349 Dear Sergeant Weske: The Of?ce of Special Prosecutions received your investigation concerning allegations that Senator David Wilson committed the offense of harassment in the second degree when he slapped reporter Nathaniel (Nat) Herz across the face Harassment in the second degree 15 a class misdemeanor offense punishable by a $2,000 ?ne and imprisonment of not more than 10 days} This offense is a speci?c intent crime that requires a showing that the offender acted with the speci?c intent to harass or annoy Based on my review of the investigation it is unlikely that the state will be able to prove beyond a reasonable doubt that Senator Wilson acted with the speci?c intent to harass or annoy Mr Herz when he slapped Mr Herz on May 2, 2017. Stated another way, the evidence in this case fails to demonstrate that it was Wilson conscious objective to harass or annoy Mr. Here. This 1n no ways implies that Senator Wilson 3 conduct 13 not of concern, but rather that the resources necessary for this prosecution is diSproportionate to the conduct, especially since the Legislature has the authority to address this conduct through other means. If you have any questions, please contact me. Sincerely, AHNA LINDEMUTH ATTORNEY GENERAL By: Andrew Pveterson Chief Assistant Attorney General See Alaska Statute and Alaska Statute 12.55.]