UPDATE 02/08/2012

A Wood County Sheriff's Deputy is back in uniform after a magistrate dismisses charges against Brian Swiger.

After the prosecution failed to meet their burden of proof, Magistrate Marva Crouch dismissed the charges against the Wood County deputy.

In October, Brian Swiger was accused of waving his gun in front of a small crowd in Elizabeth.

Wood County Sheriff Jeff Sandy says Deputy Swiger is fully reinstated into the office and will begin working again Thursday morning.

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He was supposed to face trial Friday, but now the Wood County Deputy accused of brandishing his firearm won't be in court until January.

In October, Brian Swiger is accused of waving his gun at Herbert Toney and a few others in Elizabeth, WV.

Toney pleaded no contest to misdemeanor battery connected to the incident.

Deputy Swiger remains on paid leave during the internal investigation.

He faces a pre-trial on January 6.