Domestic violence charges against Newton County Commissioner J.C. Henderson were dismissed Friday, closing the case which began in October 2009.
In her motion to dismiss, Marsha Cole, Jackson County Assistant District Attorney, said there was insufficient evidence to prove battery occurred, particularly given the fact Henderson's wife, Sandy, repeatedly denied being hit.
"In a case such as this, the cooperation of the victim is essential," Cole wrote.
However, she said the state was neither convinced that Sandy's injury was an accident nor that J.C. Henderson did not strike his wife.
"Given the above-stated issues the state respectfully requests this honorable court to dismiss said warrant without prejudice. Should additional evidence be obtained, this warrant may be reinstituted for the prosecution any time during the statute of limitations," Cole wrote.
Newton County Magistrate Court Judge John B. Degonia signed the order to dismiss the warrant Friday.
J.C. and Sandy Henderson were pleased that the charges were dismissed, though J.C. Henderson said he was disappointed it took so long and cost taxpayers money.
"They said a whole lot of bad stuff about us, about me. And the truth was...that I never hit my wife. I didn't do nothing to Sandy. Did we argue? Yes, we did. I said that from the very beginning," Henderson said. "I went to jail not because of what she said, because of what the officer said."
Sandy said she felt an apology was needed.
"It was an embarrassment for my kids when they went to school; the teachers were asking what (their) momma was doing and all that stuff. It was really just family stuff. I would have thought it was political because it was a couple weeks before the election when it happened. No fight ever took place in my home," Sandy said.
"I think there really needs to be an apology given. Because there was a false arrest, it made my family look bad and all the TV stations were saying he broke my hand and all that kind of stuff. They made all these accusation," she said. "It really was just a messed up situation."