Misdemeanor charges against the sons of Penobscot Nation Chief Kirk Francis Sr. that stemmed from a bar parking lot fracas have been dismissed by the Penobscot County district attorney’s office, according to the Francis family’s attorney.
Assault and disorderly conduct charges against Kirk Francis Jr., 27, of Westbrook and Tannar Francis, 25, of Farmington were dismissed Thursday for insufficient evidence, Bangor attorney A.J. Greif said late Thursday in an email.
The same charges were dismissed against Francis Sr., 49, of Bangor in July for the same reason, according to court documents filed at the Penobscot Judicial Center
The same charges were filed against Robert Dana, 52, of Indian Island. In a plea agreement with the Penobscot County district attorney’s office, Dana performed community service in exchange for dismissal of the charges, according to Benjamin Fowler, assistant district attorney who handled the case.
The charges were related to a Jan. 13 fracas in the parking lot of the Penobscot Pour House, at 14 Larkin St. in Bangor, shortly after midnight, according to a previously published report.
The dispute allegedly stemmed from long-simmering tensions between the chief and Dana, who at the time was a member of the Penobscot Nation’s 12-person Tribal Council.
“Mr. Dana sucker-punched Tannar and left Tannar no choice but to defend himself,” Greif said in an email. “Kirk, Jr. tried to break up the ensuing melee. They did nothing wrong and, like their father, insisted on a complete dismissal.”
A request for comment from the prosecutor’s office and Dana’s attorney were not immediately returned Monday because of the holiday.
Francis was re-elected chief last month. Dana’s name was not on the September ballot, according to results issued by the tribal clerk.
Tribal leadership — a partnership between the chief, an elected position, and the elected Tribal Council — governs the Penobscot Nation, which includes 2,040 members, 610 of whom live on the tribe’s Indian Island reservation.
If convicted, Dana faces up to a year in prison and a fine of to $2,000 on the assault charge, and up to six months in jail and a fine of up to $1,000 on the disorderly conduct charge.
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