ALBUQUERQUE, N.M. (KRQE) – A battery charge has been dropped against Lobo basketball player, JJ Caldwell. Alamogordo District Attorney, John Sugg, who is handling the case, says the charge was dropped without prejudice which means it can be re-filed.

Police charged the junior Lobo guard with a misdemeanor battery this weekend for an incident in December. His ex-girlfriend told police he pushed her up against a car downtown. She also says he slapped and choked her at his apartment.

The DA is still reviewing a separate domestic violence case three months earlier. UNM suspended Caldwell from the team in December. Caldwell sued because he had not been charged yet with a crime and said the allegations were false.

“We are aware of the District Attorney’s decision. UNM will continue to cooperate with the DA’s ongoing investigation, as well as proceeding with the University’s OEO review. JJ Caldwell’s status on the men’s basketball team remains unchanged,” said UNM Director of Athletics Eddie Nunez on Wednesday evening.