Federal judge dismisses charge in Clinton shoe throwing case

At the request of prosecutors, a federal judge Tuesday dismissed a second misdemeanor against a Phoenix woman accused of throwing a shoe at Hillary Clinton during an April speech in Las Vegas.

U.S. Magistrate Judge George Foley Jr. said he wanted to release Alison Michelle Ernst while she awaits sentencing on the first misdemeanor trespassing charge, but postponed a hearing until Thursday so both sides could work out details of her release.

Ernst pleaded guilty last month to trespassing but maintained her innocence on the second charge of violence against a person in a restricted building or grounds.

Prosecutors then moved to dismiss the second charge, contending the impact of a conviction would be minimal at her sentencing. She faces up to six months in prison.

Foley said Ernst should be released because she will have served six months behind bars on the federal charge on Oct. 23.

Ernst, 36, was originally charged in an April federal complaint accusing her of hurling a black and orange Puma cleat at Clinton while the former U.S. secretary of state addressed a metal recycling conference at Mandalay Bay. Ernst had slipped into a restricted area where Clinton was speaking.

The shoe missed Clinton, and she made light of the interruption during her speech.

Clinton, a possible Democratic presidential candidate in 2016, returned to Las Vegas this week to speak at a UNLV Foundation dinner at the Bellagio.

Contact Jeff German at jgerman@reviewjournal.com or 702-380-8135. Find him on Twitter: @JGermanRJ