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KALISPELL- The Flathead County Attorney's Office is waiting for the federal government to prosecute Kevin Gaethle for his alleged role in an armed home invasion and robbery near Whitefish.

The Flathead County Deputy Attorney filed a motion on Monday to put a "hold" on the state case, so a federal investigation and prosecution can proceed.

Tuesday, a Flathead County District Judge ruled that the County Attorney's Office could re-file charges on Gaethle if the federal government abandons prosecution.

However, if Gaethle is convicted or acquitted in a federal trial, the County Attorney's Office would be barred from re-filing charges based on Montana's double jeopardy statues.

Last July, Gaethle and three other men allegedly stole several high-powered fire arms from a Happy Valley home and held a 16-year-old girl at gun point.

Gaethle is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.