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A misdemeanor battery charge against University of New Mexico men’s basketball player JJ Caldwell has been dropped by the District Attorney investigating the case.

Caldwell had been charged with battery against a household member after a Dec. 14 incident outside an Albuquerque night club.

A report filed by the Albuquerque Police Department said Caldwell pushed and later put his hands around the neck of his 22-year-old ex-girlfriend during an altercation that began outside Posh Nightclub and resumed later that night at Caldwell’s campus residence.

The misdemeanor charge was dropped without prejudice, according to Alamogordo District Attorney John Sugg, meaning the case can be refiled at a later date.

The 6-foot-1 junior point guard was suspended from the team without explanation by UNM on Dec. 22 and has not played since.

Sugg is still investigating a separate allegation of battery involving Caldwell and the same woman. The two were dating and shared an apartment together last summer when she claims Caldwell pushed, slapped and choked her, causing her to lose consciousness and hit her head on a bathtub as she fell to the floor.

Sugg said that case is being investigated as a potential felony. He is in Albuquerque this week interviewing the parties involved.

Caldwell was not arrested nor charged in either incident. He filed a lawsuit against UNM on Jan. 2 seeking his reinstatement to the basketball team. UNM athletic director Eddie Nuñez told KRQE-TV on Wednesday night that Caldwell’s status with the team remains unchanged.

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