Battery Charge Dropped Against Dolphins' Merling
FORT LAUDERDALE (CBS4) ― Prosecutors have dropped a felony aggravated battery charge against Miami Dolphins reserve defensive end Phillip Merling. The 6-foot-5, 305-pound Merling was arrested May 27 in Weston and charged with attacking his pregnant girlfriend.
However, the Broward State Attorney's Office said Tuesday that the woman had moved to her parents' house in South Carolina and authorities have been unable to serve her a subpoena to have her return to Florida to testify against Merling.
A judge wouldn't grant another continuance since the state wasn't able to provide a complaining witness. So, prosecutors say, the state was forced on Monday to drop the charge.
Merling and his girlfriend have a 10-month old child and are expecting their second child around Christmas.
Merling has been on the reserve/nonfootball injury list since sustaining an Achilles' tendon injury before training camp. He has made progress in his recovery and might soon be activated. Merling had 33 tackles and 2 1/2 sacks for the Dolphins last season.
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