In January, 39-year-old Paul Wiersgalla made a threatening gesture to his former wife on his way out of the courtroom at his sentencing on the solicitation charge. Wiersgalla was charged with one count of battery or threat to a witness.
Friday in Eau Claire County Court, Wiersgalla's lawyer made a motion to dismiss the charge. Judge Paul Lenz denied the motion.
The case will now go to a jury. A trial date has not been set.