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Recently, the prosecutor's office and the Huron County Board of Commissioners have been investigating the alleged misuse of the county owned vehicle by Tibbits.

"The criminal section of the case is closed--no charges," said Gaertner. "Half of the things we look at turn into nothing, but you have to investigate it."

He added, "We have to just as much of a duty to prove a crime as we do to innocence."

In a prepared statement, Gaertner said: "The investigation into the alleged misuse of county property by Sheriff Kent Tibbits began when he took his assigned county owned vehicle on a family vacation to Florida. The matter came to my attention when Sheriff Department and courthouse employees complained directly to me about the use of the vehicle. (Gaertner would not disclose those that complained). The Board of Commissioners also became aware of the allegations. At this point, the board and I had a duty to investigate.

"When asked, Sheriff Tibbits chose not to talk throughout the entire investigation. Because of his decision, an independent investigation by an outside police agency was necessary. The investigators were then put in the position of having to dig for the facts which took costly time...

"Adding to the situation was the claim that the Sheriff was less than truthful about the gas purchases on his vacation trip to Florida. In the Sheriff's prepared statement released to the media it was stated he had paid for the gas on the trip. The records obtained pursuant to the Freedom of Information request proved this was not correct.

"Therefore, looking at all the evidence that is before me, I find that there is insufficient evidence of criminal intent to bring charges against Sheriff Tibbits. My decision is based on the law and the facts. A prosecutor has an obligation to prove whether a crime was committed or not. It is a responsibility I do not take lightly. Ethically, I cannot and will not bend to pressure or criticism from either side of the matter."