BISMARCK, N.D. (AP) — A Hensler man accused of gunning down nine cattle in an Oliver County pasture in 2012 will have a felony charge wiped from his record if he pays $5,000 in restitution and stays out of trouble for nine months.

Twenty-eight-year-old Dillon Gappert reached a deal with prosecutors to resolve the criminal mischief case. Defense attorney Chad McCabe says Gappert wanted to put the matter behind him.

John Dixon and Miles Tomac owned the cattle. They say they weren't consulted about the agreement or the restitution — which they say doesn't come close to covering the loss.

Prosecutor John Mahoney didn't immediately respond to requests for comment on why he didn't take the case to trial. Court documents say there were "potential concerns of proving this case to the jury."

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