A May court date has been set for State Rep. Wes Retherford on a misdemeanor OVI charge.
On Monday a Butler County grand jury declined to indict Retherford, 33, on a felony weapons charge that could have automatically ousted him from office if convicted.
He was indicted for the OVI charge, and the case was sent back to county Area II Court.
A scheduling hearing for Retherford’s case has been set for May 3, according to Linda Lovelace, area court administrator.
Retherford, R-Hamilton, was arrested March 12 after he was found allegedly passed out drunk in a McDonald’s drive-thru.
Police initially charged him with a felony of improper handling of firearms in a vehicle after finding a loaded handgun in his truck’s center armrest. That charge was ignored by the grand jury.
Retherford testified before the grand jury, along with other witnesses, according to the prosecutor.