FORT LEE, N.J. — The simple assault case against Mets closer Jeurys Familia was dismissed on Thursday morning after a Fort Lee Municipal Court judge said he is satisfied that Familia’s wife is not fearful for her safety.
Fort Lee Municipal Court judge John DiSheplo agreed to dismiss the case against Familia — born out of an early morning arrest on Oct. 31 — after interviewing Familia’s wife, Bianca Rivas, during the 10-minute hearing.
Flanked by her attorney Cathy Fleming and prosecutor Arthur Balsamo, Rivas told the judge that she was not threatened nor was offered any money in exchange for asking the prosecutor to abandon the charge.
The police officer who arrested the Familia at his Fort Lee, New Jersey, home following his wife’s 911 call also stood at the prosector’s table and was fine with the prosecutor’s decision to drop to the case, Balsamo said.
“She feels she and her child are not in danger,” Balsamo said. He added that he believes Rivas is being “truthful” and that it’s “appropriate” to dismiss the charge.
Satisfied with the prosecutor’s explanation that evidence taken from the scene of Familia’s arrest was not clearly evident of an incident stemming from domestic violence, DiSheplo told Rivas, “I’m not going to refer to you as a victim in this case.” Instead, the judge was more comfortable describing her as “a witness.”
Balsamo met with Rivas and her attorney for about five minutes in a back room prior to the start of the hearing. Afterward, he told the judge that the scratch on Rivas’ chest that was cited in the initial complaint was from their young child, not a result of the incident.
Balsamo also said there was a “troublesome” photo that showed two knives in the background. But he said Rivas told him those were not used by Familia as a threat, but rather to barricade himself in a bathroom.
Rivas had described Familia as “drunk” and “crazy” in a 911 call that morning.
Dressed in a turtleneck sweater, jeans and sports coat, Familia stayed silent during the hearing. The judge told him that he was taking into account the many years of experience of his attorney, Rivas’ attorney and the prosecutor in agreeing to drop the charge.
Familia and his wife were allowed to leave out a back door of the courtroom and their car was waiting for them next to the courthouse. Familia’s attorney, Paul Brickfield, said only that they were “happy” the case was dropped.
Familia also was accompanied in court by Jay Reisinger, an attorney who is representing him with regards to any possible suspension by Major League Baseball. Asked if he was hopeful that MLB would see this as a unique case because of the explanations raised in court, Reisinger deferred comment to MLB attorneys.
“This will all play into the process,” he said.
He declined to say whether he has communicated yet with MLB.
..... - Newsday