A request by the Garfield County attorney to reopen a case involving the Burr Trail has been taken under advisement by 6th Circuit Court Judge David Mower.

The defendant is charged with criminal mischief for the alleged damage of heavy construction equipment in 1987 on the trail. Garfield County Attorney Patrick Nolan wants the case reopened against Grant Johnson, 32, who was living in the area when the crime occurred. The attorney claims he has new evidence that places Johnson within a few miles of the scene on the morning the crime was discovered.Mower dropped criminal mischief charges against Johnson last December after he studied two days of testimony that was given during a preliminary hearing in July. He concluded there was insufficient evidence to bind the defendant over to district court for trial.

Sand was poured into the oil in several pieces of heavy equipment during the time when argument and litigation relative to construction on the Burr Trail was at a peak.