A local businessman who received diversion after being charged with threatening to shoot a sheriff’s deputy has not held up his end of the diversion agreement, prosecutors allege.

A hearing to revoke diversion for Robert W. Phillips, 61, former owner of the Eldridge Hotel, has been scheduled for Sept. 5. Dist. Atty. Charles Branson’s office filed a motion last month alleging Phillips has not written a letter of apology nor performed community-service work.

Prosecutors claimed Phillips threatened and battered Deputy Clark Rials, who was dispatched to Phillips’ home in January 2005 after his wife called 911 saying she thought her husband was suicidal.