FORT LAUDERDALE (CBS4) - The Broward State Attorney’s Office decided Friday to not pursue charges against Nelson Guerrero, a Miramar man, accused of biting out a piece of his mistress’ private parts then holding her captive and beating her inside his apartment.
In a memo released by the State Attorney’s Office on Friday prosecutors said they did not believe they could prove the kidnapping charge.
The memo reads, “The evidence presented shows that the victim had multiple opportunities to leave; had access to cell phones, and computers. Victim had contact with multiple people via text, at times even joking about the alleged incident.”
In addition, prosecutors wrote “(The victim) even was alone in the defendant’s car, with his cell phone, following an ambulance taking the defendant to the hospital. There is no credible evidence to dispute these facts.”
Ultimately, prosecutors decided “(The victim’s) credibility has been compromised to the point that the State cannot prove beyond a reasonable doubt that the other crimes were committed beyond and to the exclusion of every reasonable doubt. Therefore, all of the charges are being declined.”
Guerrero’s attorney, Andrew Smallman, told CBS 4 News that his client was released from the Broward County Jail several days ago. Smallman said his investigation revealed holes in the victim’s story.
“At no time did she make her peril known to anyone,” Smallman told CBS 4′s Carey Codd. “She was there off and on but certainly not held against her will in any way.”
Smallman said Guerrero feels relieved.
“To be arrested for armed kidnapping if you did kidnap someone that’s one thing but if you’re falsely accused of something so serious it’s quite a relief for him at this point and his family,” Smallman said.
Miramar Police arrested Guerrero in early May after the victim told them Guerrero bit her in her private parts after she complained about his failure to leave his wife.
Days after the arrest, the victim showed us a stab wound on her hand, pictures of bruises on her arms and a burn mark on her shoulder where she says Guerrero burned her with a cigarette. She said Guerrero put an AK-47 to her head but she pushed it away. However, she said when he threatened her with a knife it was a different story.
“With the knife it’s much more personal,” she said. “With the knife — it’s like my kids face flash in front of me. That’s all I see is my kids.”
The victim said all this occurred while Guerrero’s wife was in the home. In bond court video from Guerrero’s hearing after his arrest for several charges including including kidnapping, aggravated assault with a deadly weapon and aggravated battery, Guerrero’s attorney at the time said his client has two children and has faced allegations from this woman before.
“He wanted me to let the court know that he’s been accused by this same individual apparently on more than one occasion where the charges have been dropped,” the attorney said at the time.
The victim texted a CBS 4 News reporter Friday evening. She called the State Attorney’s Office decision an injustice and can’t believe the charges were dropped. She said Guerrero might still face charges in Miami-Dade because the incident began in a Hialeah hotel room.