LEBANON — Retired City Attorney Bill Duning was acquitted Monday of all charges related to an early-retirement buyout incentive he was accused of taking improperly.

        He was the first of four former city officials to be tried.

        “The application is not the deed,” defense attorney Jim Perry said in his closing. “It is simply a request.”

        The decision to give Mr. Duning the buyout — meant for electric department workers — was made by other officials, Mr. Perry said.

        Mr. Duning, 58, took the early-retirement buyout two years ago this month, along with then-City Auditor Debbie Biggs and then-Electric Director Bob Newton. The retirement contributions made on their behalf cost Lebanon $486,000, the majority of which has been returned to the city.

        A Warren County grand jury indicted Mr. Duning in July on charges of theft in office and unlawful interest in a public contract — both felonies — and misdemeanor conflict of interest. He had faced up to five years in

        prison if convicted.

        Visiting Judge George Elliott suggested in announcing his decision that the prosecution did not prove its case beyond a reasonable doubt.

        “"Likely' and "probable' are not enough,” he said. “The defendant doesn't have to prove anything.”

        Mr. Duning's wife, Jane, and other family and friends broke into tears after the verdict.

        “It is a good feeling to have this considered carefully by the court and to have it over,” said Mr. Duning, who also was emotional.

        Mrs. Biggs, Mr. Newton and former City Manager James Patrick, who also were indicted, are scheduled for a jury trial in January.

        “At this time, I have every intention of going forward,” Special Prosecutor Patrick Hanley said of those cases late Monday.

        “It's good news for all the defendants, I think,” said Mr. Newton's attorney, Tom Intili of Dayton.

        The verdict brought mixed feelings elsewhere in Lebanon.

        “From a personal standpoint, I'm glad that he was found innocent,” said Councilman Ron Pandorf, a prosecution witness who considers Mr. Duning a friend. “But I don't know that that was the right decision.”

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