Case against Olympic hopeful dropped


Published: Thursday, January 24, 2008 at 11:20 a.m.
Last Modified: Thursday, January 24, 2008 at 11:20 a.m.

The State Attorney's Office dropped a charge against Olympic hopeful sprinter Xavier Carter this week after he was arrested last month following an early morning incident at a Gainesville restaurant.

Carter, 22, former University of Florida linebacker Jonathan Demps, 20, and Florida starting defensive end Jermaine Cunningham, 19, were arrested after police reported an employee at Jimmy John's, 1724 W. University Ave., said Cunningham and Demps caused a disturbance Dec. 5 when he told them they needed to pay for a bag of potato chips.

Police said after the incident was reported Carter was walking with Cunningham and Demps and ran when he saw the patrol car's lights flashing.

Demps and Cunningham were both charged with misdemeanor battery while Carter was accused of resisting an officer without violence.

State Attorney's Office spokesman Spencer Mann said the case against Carter had been dismissed for “lack of prosecutorial merit.”

Mann said testimony from the victim in the case conflicted with information originally presented about Carter.

A former star of the Louisiana State University track and field team and football team, Carter agreed to make a $100 contribution to the non-profit children's dance workshop the alleged victim is involved with.

Prosecutors dropped the misdemeanor battery charge against Cunningham in late December. State Attorney Bill Cervone said the police report was inconsistent with the testimony of the employee and Cunningham, and the victim backed up Cunningham's testimony that he was not involved in the incident.

The case against Demps, however, still is pending.

Carter has been in Gainesville training with a UF track coach.

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