Former Cape police officer has one of two criminal charges dropped

A Cape Girardeau police officer who resigned as the FBI was concluding a criminal investigation into her conduct has had one of two criminal charges dropped and her initial court appearance postponed.

Michelle Gary, 34, 104 S. Louisiana St., had been facing misdemeanor charges of official misconduct and filing a false report. On Thursday, Cape Girardeau County Prosecuting Attorney Morley Swingle amended the charges to a single misdemeanor count of filing a false report.

In taking the action, Swingle filed a legal motion that indicated he was unwilling to pursue the official misconduct charge.

Gary's attorney Albert Lowes on Friday filed a motion seeking a new judge. That canceled a court appearance set for Monday afternoon. No judge or new court date has been assigned.

The false report charge is based on Gary allegedly claiming an $800 check used to pay gambling debts had been stolen.