Monty Millard

In the middle of a contentious divorce, Red Bank Vice Mayor Monty Millard said he only wanted to correct the "bad example" his wife set for their children when she parked in the "to go" space of a local restaurant and proceeded to eat dinner inside.

Mr. Millard told a Hamilton County General Sessions Court judge Friday that was the reason he tried to move his soon-to-be-ex-wife's Ford Yukon to a regular space when he saw it sitting in front of Amigo's restaurant in Red Bank one evening in July. After all, he owned the car and had a set of keys, he testified.

"I was concerned the vehicle could be ticketed and towed," Mr. Millard said as he and wife Sonja Millard stood in court.

Authorities, however, charged the vice mayor with felony burglary of a vehicle after Mrs. Millard reported it stolen. But Judge Clarence Shattuck did not hesitate to drop the charge Friday after wondering: Can a person be convicted of burglarizing his own property?

Judge Shattuck said the legal question never had come up before, but he admonished both prosecutors and the arresting officer, who did not attend the hearing, for wasting the court's time.

Mr. Millard never actually moved the vehicle and testified he was in it only for about 30 seconds.

"Why in the world would (the officer) take out a felony warrant?" Judge Shattuck said. "Quite frankly, this is a matter that should be settled in civil court."

Apparently, it will be.

Hamilton County Circuit Court Judge Neal Thomas is scheduled to rule in December on whether Mr. Millard violated a civil restraining order connected to their divorce case when he tried to move the Yukon that Mrs. Millard had been the sole driver of since 2002.

Mr. Millard has experienced two separate civil arrests for violating the restraining order that states he cannot be near Mrs. Millard as they work out the divorce.

Judge Shattuck also suggested that the "two reasonable people" come to their senses.

"You need to get this matter settled," he told the couple.