LIBERTY - The Liberty County attorney is declining to prosecute a Port Arthur Police officer for assault effectively dropping charges against him.
Port Arthur officer Ashton Tylor Moss, 24, of Hardin, who was put on administrative leave while the incident was investigated, was charged with assault along with a Liberty woman following a fight at a birthday party on June 30, 2017.
County attorney Matthew Poston told 12News that he did not believe a jury would convict Moss if he claimed that he was acting in self-defense or in defense of another.
Previously Moss' mother, Wendy Moss, told 12News that she believes he was trying to break up a fight and did not assault anyone.
Poston said that with justification it is not necessarily against the law to assault someone and that while officers had evidence to justify Moss' arrest it would be unlikely that a jury would have convicted him under the circumstances.
Moss remains on administrative leave from the Port Arthur Police Department according to Chief Patrick Melvin who told 12News that the department was completing its investigation.
According to the Liberty Police Department Moss and Samantha Rene Taylor, 27, of Liberty, who was also charged with assault, attacked a 30-year-old woman at the party.
The county attorney's office will be moving forward with assault charges against Taylor according to Poston.
The victim suffered wounds that sent her to the hospital with lacerations on top of her head as well as under her eyes according to Poston.
Moss told officers who responded to the scene that Taylor attacked the woman with a broom and that at one point the broom broke over the victim's head and caused her to fall backward onto the concrete according to a probable cause affidavit.
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