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HELENA (AP) — A state judge has dismissed a charge of felony assault on a peace officer filed against a Helena man who was shot by a police officer while allegedly driving his pickup truck toward the officer.

District Judge James Reynolds made the decision after Brian John Temple's attorneys argued that investigators removed the windshield from the pickup before Temple's defense could run tests to determine where Sgt. Peter Callahan was standing in relation to the vehicle when he fired the shot.

"What if Temple's own testing would show Sergeant Callahan even further to the side of Templ...