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Broward State Attorney Memo Explains Why No Charges Filed Vs. Dolphins' Landry

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BROWARD (CBSMiami) – The Broward State Attorney's Office announced Tuesday that it would not be filing criminal charges against Miami Dolphins wide receiver Jarvis Landry in a case that stemmed from a confrontation with the mother of his child from last April outside his Fort Lauderdale home.

According to a closeout memo obtained by CBS4 News, the call came in to 911 on April 1, 2017 and was investigated as a domestic battery case. Landry and the mother of his daughter had a confrontation in the downstairs area at Landry's residence. Landry had the child for the day, after the mother of his child and his 4-month-old daughter recently moved out. After Landry placed his daughter in the car, the mother of the child asked Landry to stay with the child while she went upstairs to get some of her things. At that point, things became heated.

"The victim advised that the defendant became verbally aggressive and said he did not want her in the apartment," the memo reads. "She stated that the defendant then pushed her back by placing his hands on her chest and pushed her backwards into the vehicle, causing her to strike her back against the top of the vehicle."

At that point, the victim called her mother and sister. The victim however, was not injured and did not require medical attention.

Once Fort Lauderdale Police arrived on scene, the victim refused to speak with police and said that she not want Landry arrested or prosecuted. An officer who responded wrote in his report that he did not see any signs of injury or trauma to the woman.

Landry, however, did speak with police. He acknowledged that the mother of his child, who is not named in the memo, did want to go up to his apartment but he did not want her to do so. "(Landry) told the officers that the victim continued to try to get around him and he only stood with his arms by his side and his hands wide open, but he denied being physical with the victim."

On the night of the incident, Landry was not arrested, however police continued to investigate the case.

The victim filed an affidavit that she did not want to prosecute Landry and she spoke with prosecutors in late August. She told investigators that "she had just had a baby and was very emotional," adding that "because of her emotional state, she exaggerated the whole situation." She told prosecutors that when she "freaked out" and tried to call her mother, Landry reached for her phone. She explained this as the cause of the physical situation between the pair. "(Landry's) hand touched her chest and she fell back; however, he did not intentionally push her," the memo reads.

The memo outlines what is seen in the video and how prosecutors attempted to slow the video down and enhance it to determine exactly what transpired between the woman and Landry. Prosecutors wrote that the video appeared to show Landry grabbing an object from the woman and throwing it into the car, an object that quite possibly could have been a cellphone. "Although the video very clearly shows the defendant push the victim backwards into the vehicle, the victim remains adamant that he was trying to reach for her phone, not touch or push her and that this was an unintentional act."

Ultimately, prosecutors wrote in the memo that "there is no reasonable likelihood of conviction" and that charges should not be filed against Landry.

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