- Associated Press - Friday, August 21, 2015

ALBUQUERQUE, N.M. (AP) - Charges have been tossed in the case of a man accused of throwing a banana peel at Dave Chappelle during a performance in New Mexico.

The Albuquerque Journal reported (https://bit.ly/1UX6cUS ) Friday that prosecutors dismissed misdemeanor battery and disturbing the peace charges against 31-year-old Christian Englander after Chappelle was unresponsive to requests for testimony.

The comedian had said the March incident in Santa Fe was a racist act. Englander, however, said he threw the banana peel because Chappelle was making jokes about his friend.

Assistant District Attorney Anastasia Martin wrote in her notice of dismissal that a conviction was unlikely without Chappelle’s testimony.

Charges can be refiled if Englander fails to perform 22 hours of community service by Feb. 16 under the conditions of the dismissal.

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Information from: Albuquerque Journal, https://www.abqjournal.com


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