- Associated Press - Wednesday, January 14, 2015

MONTGOMERY, Ala. (AP) - A prosecutor has dropped a misdemeanor domestic violence charge against Republican state Sen. Tom Whatley of Auburn.

Auburn prosecutor Rick Davidson said he filed a motion to dismiss Wednesday in Auburn Municipal Court. He said that after studying the case, “I didn’t feel the case warranted prosecution.” Auburn Municipal Judge Jim McLaughlin confirmed the case was resolved.

Whatley declined comment Wednesday while attending a meeting of the Senate in Montgomery, but he said he would comment later.

Auburn police arrested Whatley on Dec. 9 on a charge of third-degree domestic violence.

The case was different from most domestic violence cases, which usually result from a person calling police to complain. In a police statement in Whatley’s case, officers said they were investigating a report about a homeless man sleeping on a bench near Chewacla Drive. They heard arguing and approached Whatley’s house to see him and a woman outside. Police said Whatley “grabbed the female by the arm and forcefully shoved her down on the brick steps and concrete porch.”

Whatley and his fiancee, Lindsay Waits, disputed the police account last month and said there was no violence. Waits also declined to sign a statement against the senator.

Whatley was re-elected to a second term Nov. 4.

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