GOLD HILL — The Union County District Attorney's Office has dropped a criminal case against Gold Hill Police Chief Dean Muchow for the alleged theft of a set of stairs.

Now Union County District Attorney Martin Birnbaum faces a possible investigation by the Oregon State Bar Association based on a complaint from Muchow.

A court document obtained by the Mail Tribune shows Birnbaum filed a motion for dismissal on May 19 and it was signed by a Union County judge May 25. The Mail Tribune also obtained a copy of a letter from the state bar to Birnbaum, asking him to answer to Muchow's claims.

A former Union police chief, Muchow has steadfastly maintained his innocence against Birnbaum's December 2005 allegations that he committed felony theft and criminal trespass at a defunct mill site.

"This was the outcome I expected many months ago," Muchow said.

Birnbaum did not immediately return phone calls seeking comment Tuesday afternoon.

In an affidavit filed Dec. 23, Birnbaum alleged Muchow told the owner of the site he had taken the steps, valued at $2,500, for use at Union City Hall. A police investigation discovered the steps were affixed to property owned by Muchow in Union, the affidavit said. The alleged theft and trespass occurred sometime between Jan. 1, 2002, and Dec. 31, 2004, court documents show.

Muchow disputes the value of the steps, and said he initially attempted to work it out with the owner as a civil matter because he had a pending job offer and wanted a quick resolution. However, Muchow said the case's adverse publicity cost him the job, and he and the owner did not come to terms.

"I put the skids on it as soon as I realized there was no job hanging in the balance," said Muchow.

In January, Birnbaum said he was proceeding with the case against Muchow because as a prosecutor he had a duty to hold police to high standards.

"If the public can't trust the police officers to follow the law, why should they follow the law?" Birnbaum said at the time.

But the DA's attempts to have Muchow indicted by a grand jury and get warrants from two judges failed.

A few weeks ago, Muchow filed a misconduct complaint against Birnbaum with the Oregon State Bar, he said.

In a June 16 letter to Birnbaum from Scott A. Morrill, assistant general counsel for the state bar, Morrill requested a meeting with Birnbaum by June 30 to get his side of the story. "Mr. Muchow feels you attempted to prosecute a criminal charge against him that you knew was not supported by probable cause," Morrill wrote.

Morrill could not be reached for comment.

"Only Mr. Birnbaum knows why this went on for so long," Muchow said Tuesday. "I was never contacted or interviewed by anybody in the DA's office or any investigating office. That is unheard of."

This is the second time Birnbaum has filed charges against Muchow. In September 2004 in a separate case, Muchow faced misdemeanor charges including official misconduct and theft after resigning as chief of police in Union. Two of the charges were dismissed, and Muchow was found not guilty on two charges of official misconduct in a short jury trial.

Muchow did not immediately contact the press after learning his case had been dropped because he was hoping the Union DA would issue a press release. Birnbaum did not, he said.

"I was waiting to see if (Birnbaum) would be as zealous in his exoneration as he was in his condemnation," said Muchow. "Certainly I have been angry about it for these past months. I don't hate the man. But I think he made some very bad decisions."

Gold Hill Councilwoman and council/police liaison Kathleen Price said she was happy to be the one spreading the news of Muchow's vindication. Price provided the Union County court document and the state bar letter to the Mail Tribune Tuesday.

"I feel that the chief is a good cop," said Price. "This has proven that he has never been in the wrong. Dean Muchow has shown a lot of strength and courage."

As for the stairs, Muchow said he does not know where they are, or even whether they are still attached to his property.

"They shouldn't be," Muchow said. "But they could be. I honestly don't know where they are."

E-mail reporter Sanne Specht at sspecht@mailtribune.com