A Superior Court judge tossed out the state’s criminal case against a former sheriff’s deputy accused of lying about his response to a 911 hang-up call last year.

Judge Vicki Churchill said a statement that former deputy Jay Wallace gave to a supervisor could not be used as evidence against him.

Wallace, a career police officer who ran for Island County Sheriff last year, was fired by former Sheriff Mike Hawley after the sheriff’s office claimed that Wallace shirked his duty and then lied about it when he didn’t respond to a 911 call where a woman was reportedly held hostage in Freeland.

Wallace emerged from the court hearing Wednesday triumphant, but with strong words for his former boss.

“From the beginning the charges were false and stemmed from political harassment. Hawley did not want to see me elected sheriff,” Wallace said.

Hawley said he stood by his decision to fire Wallace.

“I disagree with the decision,” Hawley said.

“The internal investigation had not started when Wallace was asked to provide a statement. The ruling was on a technicality,” he said. “It does not reflect the merits of the case. I still stand by my decision to terminate Wallace in April.”

Christon Skinner, Wallace’s attorney, filed a “motion to suppress” evidence Jan. 24 in Island County Superior Court.

It sought to keep off limits the statement Wallace made as a law enforcement officer after the 911 controversy began last year.

Judge Churchill said Wallace’s report was protected under the “Garrity Rule” that says statements taken during an internal investigation cannot be used against officers later in court.

“Because there was an internal investigation, any statement would be protected under Garrity,” Churchill said.

“Wallace was ordered to provide a statement after the internal investigation had begun, therefore under Garrity, the motion to suppress is granted.”

Churchill noted the U.S. Supreme Court landmark “Garrity” decision, which said statements New Jersey police officers made in an internal investigation could not be used as evidence against them.

Skinner said Wallace was not given a Garrity form when he was questioned about the 911 incident, but he did write “internal investigation” on his statement.

Several days later, however, Wallace was ordered by a supervisor to re-submit the statement with the heading “officer’s report.”

“A zebra’s stripes can’t be changed by calling it a horse,” Skinner said.