General Sessions Court Judge Clarence Shattuck on Friday dismissed felony burglary charges against Red Bank Vice Mayor Monty Millard, saying the case "should have been handled in divorce court."

Judge Shattuck, after a lengthy hearing, said the Red Bank officer who brought the charge should have been in court "to explain why he took out a serious felony charge in this case."

The vice mayor was arrested July 15 after an incident at Amigo's Mexican Restaurant on Dayton Boulevard involving his estranged wife, Sonja Millard.

Ms. Millard said she had just ordered dinner with her daughter and was told that someone was in her GMC Yukon. She said she then spotted her husband inside the vehicle.

Vice Mayor Millard said he passed by the restaurant at 7:45 p.m. and saw the car, which is titled in his name, parked in a space reserved for carry out. He said he went back by at 8:30 p.m. after going to Wal-Mart and saw it was still there. He said he decided to stop and move the vehicle to a regular space, saying he was afraid he was going to get a parking ticket.

Ms. Millard, who said she eats at Amigo's most every Wednesday night, said she had been given permission by the owner to park there. She said it was the first time she had.

She said when she asked her estranged husband what he was doing, he cursed her and walked off. She said she found that papers in the car had been moved around, but none were missing.

Vice Mayor Millard said he decided to stop, though the couple has a mutual restraining order, because he did not feel it was "morally right" for her to be in that parking space. He said, "I wasn't raised that way."

He said he moved some items out of the way as he started to get in the front seat. He said as he began to move the seat back, it hit some items in the back and he reached to move those out of the way.

Attorney Jennifer Lawrence asked for the dismissal, saying it is a civil matter. She said a contempt charge has been brought against Mr. Millard in the case being heard by Circuit Court Judge Neil Thomas. She said a hearing in the case was begun earlier and is to resume on Dec. 17.

She said Ms. Millard filed for divorce on Feb. 27, 2008. She said the couple also began divorce proceedings in 1999, but did not follow through at that time.

The couple said they have lived in separate residences in Red Bank since the latest split.

Mr. Millard said Ms. Millard once got a $50 speeding ticket while driving the Yukon and it went to his address and he paid it.

Ms. Millard said she got the Yukon as a Christmas present in 2002. Mr. Millard said it was a family present. He said he used the large vehicle to haul his boat.

The couple has three children, including daughter, Shelley, who testified that she was with her mother at Amigo's that afternoon.

Judge Shattuck said, "This matter should have been settled in Circuit Court." He said earlier there should have been action taken to award possession of the Yukon to Ms. Millard and to have Mr. Millard give up his key to the vehicle.

Vice Mayor Millard was arrested last December following another run-in with his estranged wife. He was charged by Red Bank Police with aggravated criminal trespass and leaving the scene of an accident.

The incident happened at the family home on Knollwood Drive. Police said Sonja Millard found him at the home when she drove up. Officers said she stated that she locked the doors on her car as he tried to open her car door. He hit a portion of the carport when exiting the residence and heavily damaged his vehicle, police said.