Miami-Dade County

Prosecutors Drop Battery Charge Against Rep. Carlos Gimenez's Son

Back in February, Carlos Gimenez Jr. allegedly slapped Miami Commissioner Alex Diaz de la Portilla

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Miami-Dade State Attorney Katherine Fernandez-Rundle is facing praise and criticism for dropping a battery charge against the son of U.S. Representative Carlos Gimenez.

Nearly six months after spending a night in jail, the battery charge against Carlos Gimenez Jr. was dropped.

Gimenez Jr. was arrested in February after allegedly slapping Miami Commissioner Alex Diaz De La Portilla at Morton’s Steakhouse in Coral Gables.

“We are pleased after a careful and exhaustive investigation which led them to what we think is the absolute correct result," said Michael R. Band, Gimenez Jr.'s attorney.

The son of Rep. Carlos Gimenez allegedly slapped Miami Commissioner Alex Diaz de la Portilla, landing him behind bars. NBC 6's Laura Rodriguez reports

In the closeout memo obtained by NBC 6, the Miami-Dade State Attorney’s office said it has a “strong interest in protecting the public ... as such the justice system must be utilized appropriately … the contact made was so de minimums that it does not warrant prosecution."

De La Portilla thinks the battery charge should stick and accused the state attorney of playing politics. In a statement to NBC 6, the commissioner said he’s disappointed.

“Obviously, she bowed to the demands of a high-ranking public official to protect daddy's little boy. This result is all too common in a politicized criminal court system in which pay-to-play takes a front seat," the statement read in part.

Band denied that allegation.

“I am unaware of anyone putting any pressure on the state attorney," Band said. "I’m unaware of my client's father making, one, his position known, exerting any influence — if anyone exerted influence, it was the sitting city of Miami commissioner."

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