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Prosecutors in Los Angeles will not file criminal charges against Jazz center Jeff Withey over domestic violence allegations from his former fiancée.
The L.A. County District Attorney's office reviewed the case late last month, including examining photographs and the couple's text messages, and declined to prosecute the case, determining that Withey's ex-fianceé, former Playboy Playmate Kennedy Summers, may have been the aggressor during the most serious incident and that Withey "would have a reasonable claim of self-defense".
The prosecutors' decision was first reported by TMZ.
Summers first filed a report with Manhattan Beach, Calif., police in April, alleging Withey had been violent toward her during three separate incidents in March, July and August of 2016.
According to a document provided by the district attorney's office, Withey attempted to have sex with Summers in Salt Lake City in March of last year. When she said she didn't feel well and turned away, Withey allegedly bit her on the shoulder, later saying he was joking.
In July of 2016, Withey and Summer were at their Manhattan Beach, Calif., apartment when the woman, believing Withey had been on the phone with another woman, tried to look at Withey's cellphone. Withey reportedly grabbed her wrist and thigh. Bruises were visible on Summers' leg when the two were photographed by paparazzi when they were walking together on the Santa Monica pier a week later, according to the district attorney.
Then, in August, police were called after Summers said Withey had cornered her and intimidated her at their apartment in California.
Summers gave police the paparazzi photograph and text messages, in which she accused him of beating her and he apologized for hurting her, when she reported the allegations in April. But in those text messages, Withey "stated that he only picked her up to get off of him"
Withey's attorney told investigators that Summers had become intoxicated that day in July and began to "hit him in the chest and face." In declining to file charges, the district attorney determined that a "reasonable finder of fact could determine [Withey] used a reasonable amount of force in an attempt to get [Summers] off him".
Withey's attorney, through a publicist, declined to comment on the case Friday.
Withey and Summers had a public breakup in 2014, when Summers took to social media to accuse him of cheating. Withey denied those allegations then and the couple went on to reconcile, later becoming engaged. The couple broke off their engagement in October 2016, with Summers representatives saying the split had been caused by jealousies sparked via social media.