St. Paul police arrested Ward 4 City Council candidate David Martinez for a second time this week, again for allegedly violating an order for protection.

The city attorney’s office, however, said there was insufficient evidence to charge him and he was released from jail on Friday morning.

Martinez’s wife obtained a protection order against the 38-year-old Martinez last month, which bars him from having contact with her and their two children.

The day after Martinez’s wife was granted the court order in July, a topless photo appeared on Martinez’s campaign blog.

Martinez was arrested July 16 on suspicion of non-consensual dissemination of private sexual images, a case which remains under investigation. Martinez said his campaign website was hacked and he did not post the photo.

On Thursday, police were called at 5:30 p.m. after a Hamline University security officer reported a man — who faculty recognized as Martinez — was in the library on a computer, which is intended for student use, said Sgt. Mike Ernster, a St. Paul police spokesman.

The order for protection states Martinez “must stay a reasonable distance away from the residence(s) of the protected person(s) … two city blocks or one quarter mile, in all directions, whichever distance is greater.”

Police checked and believed Martinez was in violation of the geographic restriction, Ernster said. They arrested him on Englewood Avenue, just east of Snelling Avenue.

When police interviewed Martinez, he said he had recently taken part in an “advanced carry course” and fired a gun in order to complete the certification, Ernster said. The protection order says Martinez is not allowed to possess any firearm. Related Articles Roseville: Man arrested after ex-wife suffers potential exposure to toxic chemical

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Police arrested Martinez on Thursday night on suspicion of two counts of violating the order for protection.

City prosecutors previously charged Martinez on Tuesday with being in violation of the protection order. He allegedly went to his children’s school that day. He was released from jail on Wednesday.

Martinez’s attorney in that case could not be reached for comment on Friday because she was out of the office.