The Montana Supreme Court has upheld a ruling that dismissed a charge of assaulting an officer filed against a Helena man who was shot while allegedly trying to hit a police officer with his truck.

Brian John Temple was fleeing the probation office where police sought to question him about a theft on May 4.

In October, District Judge James Reynolds dismissed the assault charge. Temple's attorneys argued that investigators removed the pickup's windshield before the defense could run tests to determine where the officer was standing in relation to the vehicle when he fired.

The Independent Record reports the high court ruled Tuesday that state law does not permit prosecutors to appeal a district judge's order that dismisses one count while leaving other charges in the case pending.