WALTHAM, Mass. — The charges stemming from a domestic violence incident involving Celtics forward Jared Sullinger are a thing of the past now after they were dismissed on Monday.
Sullinger, appearing in court with his attorney Charles W. Rankin, declined to comment following the verdict.
The dismissal stems from the fact that the Commonwealth's case against Sullinger would not have had the support of the alleged victim, Ms. Deann Smith.
In an affidavit filed with the courts on September 10 through her attorney Melinda Melinda L. Thompson, Smith told police at the time of the August 31 incident that "she did not want to press charges against Sullinger" and that she "did not want him arrested."
Her affidavit also indicated that she "is not in fear of Mr. Sullinger, and sincerely wants to be able to spend time with him to work on their relationship . . ."
Smith is currently with her family in Ohio.
In the motion filed Monday morning by Rankins to dismiss the case, it reads, "the alleged complaintant, Deann Smith, acting through her own counsel, has informed the Commonwealth that she will not appear, and that if she were forced to appear, she would invoke her Fifth Amendment privilege against self-incrimination."
Without Smith's cooperation, "we would not have sufficient evidence to proceed," said Middlesex Assistant District Attorney Sarah Ellis.
Sullinger was charged with assault and battery, destruction of property valued at more than $250 (cell phone) and witness intimidation.
The courts had initially ruled that Sullinger had to stay away from Smith and could not have any unsupervised visits. However, a motion by Rankin to have both the stay-away and supervised provisions removed, was allowed by presiding Judge Gregory Flynn.
While the case was open, court records showed that Sullinger was seeing a counselor. It is unclear if that will continue now that the case has been dismissed.