The case against Rockdale County Commissioner Oz Nesbitt for simple assault and family violence battery misdemeanor charges has been dismissed after the prosecuting attorney declined to press charges.

Henry County Solicitor General Charles Spahos was assigned to the case after Rockdale County District Attorney Richard Read recused himself to avoid possible conflict situations.

Spahos decided not to press charges, according to documents filed in Rockdale County State Court on August 4, partly because the damage in the May 4 incident was to Nesbitt’s property. 

“The state is confident that this was an isolated incident and the alleged victim is not afraid of or in danger from the defendant,” wrote Spahos.

“There was no evidence of contact, alcohol or drug use or any other aggravating circumstances.”

The victim, Nesbitt’s wife, also had reportedly indicated she was not going to bring charges and did not want law enforcement involved. If she were to be called to the stand, she would reportedly "invoke her marital privilege."

“Based on these facts and circumstances, the state declines to bring formal charges in this case and considers this case closed by administrative dismissal,” wrote Spahos.

Nesbitt said, in response to the dismissal, “I am grateful the judicial system has considered the facts and circumstances and based upon their legal review has decided to dismiss the case.”

“I would like to let the people of Rockdale County know I remain focused on their best interests and plan to continue to serve their needs in the days ahead.”

He added,“I’m humbled by the show of support throughout this whole personal matter. That support wasn’t limited to a party line. People put politics aside to know that Oz Nesbitt is human, serving as County Commissioner.”

He said the dismissal doesn’t impact his decision on whether to run again. He previously said he was undecided whether he would run for reelection in 2012.

“I was already processing my decision when this incident took place. I’m preparing to make an announcement real soon about my intentions,” he said.

Nesbitt was charged with a simple assault misdemeanor and a battery misdemeanor after a May 9 incident where he became embroiled in an argument with his wife.

Nesbitt reportedly punched the windshield of her car and his wife reportedly pulled off the windshield wipers of his car, after which a family member called police. He was bonded out of Rockdale County Jail for $2,500.