UPDATE 8/30/2010: The Washington Missourian reported in its weekend edition that county prosecutor, Bob Parks, has reviewed the initial police report but is waiting for detectives to do some additional investigating. Parks said he expects to make a decision on possible criminal charges after the Labor Day weekend. That Parks did not immediately dispose of the case is noteworthy.

KMOX Radio reports that The Washington Police Department has wrapped up its criminal investigation of Brian Nieves regarding the alleged assault charges brought by Shawn Bell, Dick Stratman’s campaign staffer. The report has been forwarded to Franklin County Prosecutor, Bob Parks.

So what happens next?

There are three types of cases the prosecutor will consider after looking at the report, misdemeanor, felony or grand jury indictments. If there is any evidence to support what Bell alleges in his written complaint this almost certainly will be one of the last two.

If this turns into a felony case a preliminary hearing is required. That’s like a mini trial, but only to determine if a crime has likely been committed and that the defendant is “probably” the one who did it. It’s not to prove guilt beyond a reasonable doubt. If probable cause is found in the preliminary hearing the case gets sent to the Circuit Court where the judge can either continue the proceeding or discharge the case.

A grand jury is a lot more serious. It’s like a preliminary hearing only a formal indictment can be handed up by jurors after looking at the evidence and interviewing the victim and witnesses. And grand jury perjury carries similar penalties to those of perjury in any other federal or felony case so all the players put themselves at great risk for lying (which would be hilarious to watch in its own right since all the players in this saga are Republicans, and Republicans lie constantly).

But here’s the rub, according to the Franklin County Prosecutor’s victim services web site it takes anywhere from 2 months to 2 years to dispose of a case. Even a misdemeanor case will take around six months. Now, because this case has special circumstances the county might try to expedite the process somehow. But if that doesn’t happen I don’t think that means there is a conspiracy to harm or help Nieves. That’s just how slow the wheels of our justice system turn. In fact, I think it would be very unusual if a case such as this was resolved in a matter of weeks — or even before the election.

Bottom line: District 26 will more than likely have to make a decision in November between George “Boots” Weber, a genuine American patriot and WWII hero, or Brian Nieves, a potential felon who has a criminal case pending in the courts.