STANHOPE — The owner of the Stanhope Locker has asked a court to dismiss a pair of felony charges against him, arguing that the alleged violations had been previously resolved and that state investigators had led him to believe that the issues had been taken care of.

Stanhope Locker owner Wesley Zanker, 46, was charged with ongoing criminal conduct and first-degree fraudulent practice, both felonies, in January for allegedly producing and mislabeling meat products to Whatcha Smokin’ BBQ and Brew in Luther. Zanker pleaded not guilty to both felony charges.

Zanker’s attorney, Grant Gangestad, filed a motion to dismiss the case on May 23 stating that “the matter was fully resolved administratively at the time, with the State implicitly and reasonably leading Mr. Zanker to believe that no further action would be taken.”

Additionally, the motion to dismiss noted that Zanker had relied on the administrative resolution “by not preserving evidence or preparing a criminal defense.” Gangestad also noted in his motion that “significant prejudice” was being shown to Zanker due to the state’s nearly two-year delay in bringing charges.

Judge Amy Moore set a June 16 hearing date to rule on the motion to dismiss the felony charges. The pre-trial conference for a potential jury trial is also slated for the same day.

According to Gangestad, the hearing on the motion to dismiss as well as the pre-trial conference will likely be moved so the parties can pursue resolution of the matter. The trial date set for June 17 will likely be continued as a result.

Zanker allegedly sold about 6,894 pounds of ring bologna on 37 different occasions for a total sum of $49,478.22 to Whatcha Smokin’ from October 2021 through August 2023, according to court records.

According to court documents, Zanker was warned about mislabeling the meat following an investigation by the Iowa Department of Agriculture and Land Stewardship in late 2019 and received a warning letter in February 2020. Inspection officials say he sold meat products to Whatcha Smokin’ BBQ and Brew without a label or identification.

Court records do not indicate that there were any issues with the quality of meat provided.

Zanker has not been arrested and is awaiting the judge’s June 16 rulings.