Two men accused of sexually assaulting a woman after hours at a popular downtown Kirkland restaurant pled guilty to a lesser charge of felony third degree assault and will each serve three months in jail and pay a $600 fine.

“After ongoing investigation in the case, evidentiary concerns arose and we felt we could no longer prove the original charges beyond a reasonable doubt,” said Dan Donahoe, a spokesman for the King County Prosecutor’s office. “There were plea negotiations, and the defendants pleaded guilty to a charge of assault third degree.”

Roland Kopp, the manager and owner of the former restaurant called Amici on Kirkland’s water front, will begin serving his jail sentence on Sept. 28, while Christopher Michael Smith, the restaurant’s former chef, already served his time when the deal was made, according to court documents.

The standard range for third degree assault is one to three months, with a maximum term of five years and or a $10,000 fine.

The two men have a five year no contact order with the victim. Smith was also ordered to obtain an alcohol and substance evaluation and complete any recommended treatment.