PROVO — Two men allegedly assaulted because a Payson city councilman said they were tagging his truck will not be cited, prosecutors say.

As far as actual graffiti, "I saw no evidence to support anything like that," said Salem city prosecutor Christine Johnson. "There was nothing to charge the other individuals with."

Scott Phillips, 45, who has been on the Payson City Council for two years, was charged Monday with two misdemeanors of simple assault stemming from an incident on May 10.

He said he caught two people attempting to put graffiti on his vehicle and grabbed them by the back of the necks to stop them, although he said he didn't hit them.

Prosecutors disagree.

"After reviewing police reports and several witness statements, it appeared to me an assault had occurred," Johnson said. She is is handling the case because of the conflict of interest with Payson city.

Johnson said she couldn't comment on specific details of the case while it's still pending but said the incident came to the attention of law enforcement because of a 911 call on May 10.

Numerous calls and messages to Phillips were not returned.

The two adults, at least 18 or 19 years of age, were not injured during the alleged assault, Johnson said.

"I don't believe there was any serious injury," she said. "There wasn't anything that needed medical attention."

Phillips was not arrested but will be served a summons to appear in court. He will enter a plea on July 3 in Spanish Fork City Justice Court.

Johnson said she is not aware of any criminal history for Phillips.

Utah State Code defines assault as an attempt with unlawful force or violence to do bodily injury to another or a threat accompanied by a show of immediate force or violence to do bodily injury.

Class B misdemeanors are punishable by up to six months in jail and a $1,000 fine.

Contributing: Associated Press

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