"Certainly, we have the final say," Brown said. "But we relied heavily on DNR's wishes to first of all file it and second of all, dismiss it."
The DNR sought the charges against the Councellers after the deer they rescued went missing last summer on the day the DNR planned to euthanize it. Jeff Counceller had earlier said he found the deer in 2010 curled up on a front porch with maggot-infested puncture wounds, so he took it back to his family's 17-acre farm in Connersville to try to save it. The couple named the fawn Dani and kept it in a fenced enclosure.
The Councellers said they had intended to release the deer once it was strong enough to survive on its own. They tried to find it a home at animal rescue operations, petting zoos and deer farms, but no one would take it. They applied for a rescue permit but were turned down.
DNR filed a report in Fayette County, which sought a special prosecutor because Counceller deals with prosecutors in Fayette County as part of his job.
The DNR announced last week it would ask prosecutors to dismiss the charge, which carries a penalty of up to 60 days in jail and a $500 fine, after Gov. Mike Pence asked the agency to review the case.
A telephone message seeking comment was left Thursday for Jennifer Counceller by The Associated Press. No message could be left for Jeff Counceller because his mailbox was full.
Brown says his office will issue a special prosecutor's report explaining its decision once the charges have been dismissed.
Thousands of people outraged by the case have signed an online petition calling for the charges to be dropped.