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Two of three men accused of running down deer now free of felony charges

Two of the three men accused of running down deer with their snowmobiles in Waupaca County are now free of felony charges.

Prosecutors rejected a request by Circuit Judge Philip Kirk to drop either hunting violations or animal mistreatment charges against Rori Kuenzi, 25.

So the judge dropped the felony counts Monday.

Kirk told Assistant District Attorney James Fassbender last week that his office over-charged Kuenzi and the other two defendants in the case.

But Fassbender said the state would not voluntarily dismiss anything and he told the judge to do what he must.

Another judge recently dropped the felony charges against Kuenzi's brother Robby, saying hunters cannot be charged with animal mistreatment.

A similar dismissal request is expected to be filed soon for the final defendant, Nicholas Hermes.

Fassbender says he's getting the state Justice Department to help appeal the felony dismissals.

Authorities said the three killed a half-dozen deer on a snowmobile trail in January.

Rori Kuenzi is accused of stealing the machine he allegedly used.