Judge Perry B. Inos granted the motion filed by Chief Prosecutor Michael Ernest.
The Attorney General’s Office charged Martin with assault and battery, and disturbing the peace of a “household [female] member of defendant” on or about April 10, 2011.
Inos also vacated the trial for Martin last month.
In his motion, Ernest told the court that after interviewing the victim, the “commonwealth believes it presently may not be able to meet its burden at trial and it is in the interest of justice to dismiss the case without prejudice at this time.”
In a footnote, Ernest said the “victim filed a request not to prosecute this case.”
Ernest added: “While no dispositive, it should demonstrate that the victim likely would not object to the granting of this motion.”
