An abuse charge against Philadelphia Phillies pitcher Brett Myers was dismissed Thursday after his wife said she did not want her husband prosecuted for hitting her in the face during an argument near Fenway Park.
Boston Municipal Judge Raymond Dougan accepted as fact that Myers struck his wife on June 23, yet dismissed the charge -- despite the objection of prosecutors -- after Kim Myers agreed to an "accord of satisfaction" showing she did not want the charge pursued.
"There's no violence in our family. That night in Boston we had both been drinking," Kim Myers told the judge. "I was not hurt. I was not injured."
Authorities say the two were arguing when Brett Myers struck his wife. One witness told investigators he pulled her hair.
Police responded to a 911 call and found Myers' wife crying and with a swollen face, prosecutors said. Officers found Myers nearby and arrested him. The 6-foot-4, 240-pound Myers was booked by Boston police, and his wife posted his $200 bail.
"There appears to be no coercion or pressure that resulted in this being filed," Dougan said of the accord, though he acknowledged it's hard to identify coercion in domestic violence cases.
When the judge asked Assistant District Attorney Susan Terrey if she had specific evidence indicating Kim Myers was pressured into the dismissal agreement, the prosecutor said she didn't.
The judge also noted the couple has been in marriage counseling since shortly after the fight.
Terrey had wanted Myers to plead guilty to assault, serve two years of probation, enter a program for spousal abusers and undergo alcohol abuse evaluation.
"An assault occurred, and there were two eyewitnesses," the prosecutor said.
Kim Myers said the counseling has helped the couple, who have two children, and she denied other physical abuse.
"This is not something that happens on a daily basis," she said. "Or ever."
Myers, a right-hander and ace of the Phillies staff, finished the regular season 12-7 with a 3.91 ERA. He was treated as a celebrity by court officers, who shook his hand and patted him on the back. One told him, "Good luck, it will be all right" while another said, "Nice seeing you again."
Myers did not speak at the hearing and the couple refused comment afterward.
Brett Myers' attorney, Carlos Dominguez, told reporters the incident "was nothing more than aberrant behavior on the part of the couple" resulting from excessive drinking by both.
The arrest came before the Phillies were scheduled to play a three-game series with the Red Sox. Afterward, Myers asked for and was granted a leave of absence through the All-Star break. At the time, Myers issued a statement saying that while he disputed the allegations against him, "I recognize that my behavior was inappropriate and for that I apologize."
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