The Boundary County prosecutor indicted FBI HRT sniper Lon Horiuchi for manslaughter in 1997 before the statute of limitations for the charge could expire; the case, "Idaho v. Horiuchi", was moved to federal court, which has jurisdiction over federal agents. It was dismissed because of the supremacy clause. The United States Court of Appeals for the Ninth Circuit ruled in 2001 that Horiuchi could be tried on state charges. But a new county prosecutor, Brett Benson, had been elected in 2000 and dismissed the case, saying it was unlikely the state would be able to prove the criminal charges. His decision was controversial.