Even though she found the actions by a police officer investigating the incident “shocking” and “inappropriate,” a King County Superior Court judge ruled that a criminal case against former restaurant-owner Jessica DeWire should move forward.

Judge Beth Andrus, in a 15-page ruling issued on Monday, declined DeWire’s request to have the case against her dropped. DeWire’s lawyer, Steve Mueller, filed a motion in December seeking dismissal of the third-degree assault charges filed against DeWire, arguing that King County Sheriff’s Dep. Kevin Savage bullied potential witnesses and engaged in other “bizarre and terrifying” actions in the days following DeWire’s arrest outside of the Sportsmen’s Inn last May.

After a two-day hearing, Andrus agreed, in part, with Mueller’s interpretations of Savage’s behavior. Like Mueller, she took issue with the fact that Savage, who no longer works on Vashon, went to the home of Katrina Gabri, one of the witnesses, at 3 a.m. the night of the incident, used foul language and, among other things, demonstrated the use of his baton to quell suspects.

Savage’s “decision to ‘demonstrate’ use of force techniques and to lunge at (Gabri) as a way of making a point — at 3 a.m.— when he knew that she had accused his partner of attacking the defendant — shows a lack of professional judgment surprising in someone with 17 years of experience,” Andrus wrote.

Gabri, the judge wrote, “understandably felt intimidated.” And while he did not injure Gabri, Andrus went on, “his behavior is nonetheless shocking.”

But Savage’s behavior is not grounds for dismissing charges against DeWire, the judge said. According to case law, such dismissals can take place only if the defendant’s right to a fair trial was harmed by the officer’s behavior. Because Gabri and another witness who Savage also interacted with inappropriately are still willing to testify in DeWire’s defense, her ability to have a fair trial was “not materially affected” by Savage’s behavior, Andrus said.

DeWire’s trial is set for April 11.

The Island chef and co-owner of the now-closed Gusto Girls restaurant was charged with third-degree assault after a high-profile ruckus in downtown Vashon on May 7. According to prosecutors, Savage’s partner Dep. Mark Silverstein was leading a drunk patron from the Sportsman’s Inn when DeWire grabbed him and scratched his face. Mueller, citing eyewitnesses, said DeWire didn’t touch the officer until he turned on her and threw her to the ground.