ALBUQUERQUE, N.M. (AP) — Charges have been tossed in the case of a man accused of throwing a banana peel at Dave Chappelle during a performance in New Mexico.
The Albuquerque Journal reported (http://bit.ly/1UX6cUS ) Friday that prosecutors dismissed misdemeanor battery and disturbing the peace charges against 31-year-old Christian Englander after Chappelle was unresponsive to requests for testimony.
The comedian had said the March incident in Santa Fe was a racist act. Englander, however, said he threw the banana peel because Chappelle was making jokes about his friend.
Assistant District Attorney Anastasia Martin wrote in her notice of dismissal that a conviction was unlikely without Chappelle's testimony.
Charges can be refiled if Englander fails to perform 22 hours of community service by Feb. 16 under the conditions of the dismissal.
Information from: Albuquerque Journal, http://www.abqjournal.com