Prosecutors dropped the charge of assault by strangulation or suffocation against former interim Nebraska football coach Mickey Joseph due to the alleged victim's refusal to testify.
Joseph's charge stemmed from a November domestic disturbance at a home in Lincoln, Nebraska.
The prosecutor informed told Lancaster County Judge Laurie Yardley that the alleged victim sent an email in February saying she decided against testifying.
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Erica Pruess, the prosecutor, confirmed that a law enforcement officer in Arizona tried to subpoena the alleged victim multiple time between March 22-27. However, the officer was never successful.
The officer did claim to see someone leave the residence via a window on one occasion.
At a hearing on Wednesday, Joseph appeared with his attorney, Sean Brennan, via Zoom from a nearby office.
Police went to a Lincoln residence in the afternoon of Nov. 30 — two days after Matt Rhule was introduced as the Cornhuskers' new coach — after a report of a domestic disturbance. Following an investigation, Joseph was arrested at another location.
Joseph was Nebraska’s interim football coach for nine games in 2022 following the firing of Scott Frost. Joseph was placed on administrative leave after his arrest, and the university announced two weeks later that he was no longer with the football program.
The alleged victim told police she and Joseph were in an argument when Joseph pushed her, causing her to fall onto a couch. She said Joseph got on top of her and placed his hands around her throat.
"He pushed me on the couch and strangled me," she said, according to a police affidavit. She said her breathing was impeded and that she was not able to breathe until she pushed him off.
When she went into the kitchen, she said, Joseph grabbed her hair from behind and pulled her backward, causing her to fall to the floor. In the process of falling, she said, Joseph struck her in the left temple with a closed fist.
Police said she had visible redness and swelling around her left eye which was consistent with being struck, and she was observed to have several strands of hair clinging to her upper pant leg. She said the hairs were pulled from her when Joseph grabbed her.
Less than two weeks after Joseph was charged, Priscilla Joseph asked for a legal separation in Lancaster County Court. A judge denied Priscilla Joseph's motion to have records sealed in that case.
The Associated Press contributed to this report.
