WRIGHT, N.Y. - Charges against former Wright Highway Superintendent Harry Beninati started last October after some employees from the town accused Beninati of stealing diesel from the town.
Beninati faced charges of falsifying records, and larceny, all of which he denied from the start.
On Wednesday, the Schoharie County grand jury decided there was not enough evidence to pursue the case further.
"The problem was there was no evidence, real evidence that a drop of fuel had been stolen," said Attorney Trey Smith.
Board members like Jeanne Burton are quick to back Beninati up. "Harry got us through the flood," she said. "Didn't think there was a need for these charges against him."
Benanti says the fuel he pumped into his personal truck went toward flood related relief after Irene had hit his town. "There was an extraordinary amount of fuel used in the aftermath of hurricane Irene," Smith added. "I had board permission to put this fuel in my truck."
Town officials alleged that records indicated a huge difference in the fuel that was used while Benanti was town highway superintendent and the fuel used in 2012.