A former Burleigh County sheriff's deputy will have to repay the costs of a trial he missed in November.

South Central District Judge Sonna Anderson ordered Ron Dietz on Friday to repay Burleigh County $513 for the minor in possession trial he missed despite being served with a subpoena. Without Dietz, the prosecution's only witness, there to testify, the minor in possession case was dismissed.

"I don't believe Mr. Dietz was reasonable in thinking he would not have to come to the trial," Anderson said.

Dietz received a subpoena on Sept. 17, compelling him to testify at the Nov. 13 trial. He did not show up at the trial, as he was traveling to Minnesota to sign papers and get fitted for equipment for his new position.

Dietz was convicted by a jury in April of Class Amisdemeanor failure to appear. Anderson ordered a deferred imposition of sentence in the case, which means the offense will be off Dietz's record if he has no further offenses in the next six months. He also has to pay $325 in court fees.

Anderson said the sentence does not keep Dietz from carrying a firearm. Dietz is now an officer in a Minnesota police department.

Burleigh County Assistant State's Attorney Lloyd Suhr recommended Dietz repay the costs of the trial, which consisted of $25 jury fees for 16 potential jurors, $25 for a bailiff and mileage for jurors to get to the courthouse.

"It seemed very straight forward that a lot of people were put out really for no reason," Suhr said.

Michael Geiermann, Dietz's attorney, argued against ordering Dietz to pay for the trial.

"This was somewhat of a miscommunication on the part of Mr. Dietz and the state's attorney," Geiermann said.

Dietz contended during the trial that he left a message for Assistant State's Attorney Justin Schwarz informing him he would not be able to attend.

Dietz, who was not in the courtroom for the hearing but called in to participate over the phone, also said he was not entirely to blame. He asked Anderson to be excused from participating in the hearing after she pronounced her sentence, as he was on patrol in Minnesota and had to respond to a "home invasion."

(Reach reporter Jenny Michael at 250-8225 or jenny.michael@bismarcktribune.com.)