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ALBUQUERQUE — A misdemeanor criminal complaint filed by Albuquerque police accuses suspended New Mexico basketball player J.J. Caldwell of battery against a household member during a December encounter with his ex-girlfriend.

Police filed the complaint on Jan. 24, after the ex-girlfriend reported Dec. 16 that Caldwell two days earlier struck her and put his hands around her neck at his apartment. the Albuquerque Journal reported Saturday.

Caldwell attorney Paul Kennedy said the filing of the complaint was questionable because prosecutors still had the matter under review.

Kennedy and another attorney represent Caldwell in the criminal matter and in a civil rights lawsuit in which Caldwell alleges the university and others are violating his civil rights.

Athletic Director Eddie Nuñez said he didn't know about the criminal complaint until the Journal asked him about it.

The university has not said why Caldwell was being withheld from team activities.

Caldwell, the Lobos' starting point guard for the season's first 13 games, has been suspended since Dec. 22 after university was informed of his ex-girlfriend's ex-girlfriend.

Kennedy said Caldwell has not been arrested in the case. A summons was issued for him to appear in court for a Feb. 19 arraignment.

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