A judge on Thursday dismissed an abuse charge against Philadelphia Phillies pitcher Brett Myers after his wife said she did not want her husband prosecuted for hitting her in the face during an argument near Fenway Park.
Boston Municipal Court Judge Raymond Dougan accepted as fact the allegations that Myers struck his wife June 23, and dismissed the charge - over the objection of prosecutors - after Kim Myers agreed to an "accord of satisfaction" showing she did not want the charge pursued.
"There's no violence in our family. That night in Boston we had both been drinking. ... I was not hurt. I was not injured," Kim Myers told the judge.
Authorities say the two were arguing shortly after midnight June 23 when he struck her. One witness also told investigators he pulled her hair.
Police responded to a 911 call and found Myers' wife crying and with a swollen face, prosecutors said. Officers found Myers nearby and arrested him. The 6-foot-4, 240-pound Myers was booked by Boston police, and his wife posted his $200 bail.
"There appears to be no coercion or pressure that resulted in this being filed," Dougan said of the accord, though he acknowledged it's hard to identify domestic violence cases when there was coercion.
He noted the couple has been in marriage counseling since shortly after the fight.
Assistant District Attorney Susan Terrey had wanted Myers to plead guilty to assault, serve two years of probation, enter a program for spousal abusers and undergo alcohol abuse evaluation.
Kim Myers said the counseling has helped her and her husband, who have two children. And she denied other physical abuse.
"This is not something that happens on a daily basis," she said, adding, "or ever."
Myers, a right-hander and ace of the Phillies staff, finished the regular season 12-7 with a 3.91 ERA. He was treated as a celebrity by court officers, who shook his hand and patted him on the back. One told him, "Good luck, it will be all right" while another said, "Nice seeing you again."
Myers did not speak at the hearing and the couple refused comment afterward.
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