HONOLULU (CBSNewYork/AP) — Maui prosecutors are moving to dismiss a domestic abuse charge against suspended Colorado Rockies shortstop Jose Reyes because his wife isn’t cooperating.
Deputy Prosecuting Attorney Kerry Glen said she expects to file documents Wednesday to drop the case. Reyes’ wife won’t talk to prosecutors or return to Maui, she said.
“The complaining witness, Mr. Reyes’ wife, is what we call an uncooperative witness,” Glen said. “At this point, I have no other avenue for prosecution.”
Reyes was scheduled to go to trial April 4. He pleaded not guilty to abusing a family or household member. David Sereno, his Maui defense attorney, couldn’t immediately be reached for comment.
The former New York Mets shortstop was arrested Oct. 31 at the Wailea Four Seasons Resort. According to a recording of a 911 call released by police, a hotel security guard reported the woman had injuries to her leg and scratches on her neck.
Reyes was released after posting $1,000 bail and was ordered to stay away from his wife for three days.
Reyes’ wife rebuffed requests for cooperation through a Maui attorney she hired, Glen said.
Glen will ask for the case to be dropped without prejudice, meaning she’ll have about two years from the date of the alleged offense to refile charges if Reyes’ wife eventually cooperates.
“For misdemeanor offenses, we cannot force an uncooperative witness to come back,” Glen said.
Reyes was placed on paid leave under Major League Baseball’s new domestic violence policy pending completion of the criminal proceedings.
The MLB and the players’ association agreed to the policy in August following a series of high-profile domestic violence cases involving NFL players. Reyes was the first player affected by it.
The MLB declined to comment on prosecutors’ intent to drop the charge against him but said in a statement Reyes “remains on administrative leave until the commissioner completes his investigation and imposes any discipline.”
Administrative leave is paid suspension, although Reyes will start accruing his $22 million salary Sunday, the day the MLB season opens. If the discipline becomes an unpaid suspension, he has the right to offset the time served against the penalty but must repay any salary he received during the paid suspension.
In the first final discipline under the new policy, New York Yankees closer Aroldis Chapman agreed to a 30-day suspension following an incident with his girlfriend in October. The agreement included a provision that it is not precedential for other discipline under the policy.
Rockies spokesman Warren Miller said the team had no immediate comment. The team is expected to wait until MLB decides on any discipline before addressing the issue.
Reyes played for the Mets from 2004-2011 before signing a six-year, $106 million deal with the Miami Marlins. The Marlins then shipped Reyes off to the Toronto Blue Jays after only one season in a blockbuster deal. He was with the Blue Jays for 2 1/2 years before being sent to the Rockies in the trade for Troy Tulowitzki.
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