The Arlington County Commonwealth’s Attorney on Tuesday dropped an assault charge against Chris Geldart, the former D.C. deputy mayor for public safety who resigned in October amid the charge and questions about his residency.

Geldart was charged with alleged assault and battery after getting into an altercation with personal trainer Dustin Woodward in a Gold’s Gym parking lot in Arlington early last month. Woodward alleged that the dispute began when Geldart’s vehicle door hit his girlfriend’s car, and that Geldart grabbed him by the throat. Footage of the altercation circulated on local media, where Geldart appears to push Woodward until he shoves off his arms.

The judge concluded Tuesday that there was not enough evidence to indicate that Geldart was the primary aggressor. The court reviewed another video of police interviewing a witness, who said Woodward was in fact the “primary aggressor” though it was a “mutual thing,” according to the Washington Post. A prosecutor with the attorney’s office asked the judge to drop the case.

Geldart’s attorney Karin Riley Porter told DCist/WAMU that she and her client will now be focusing on expungement — erasing the incident from Geldart’s record — now that the charge has been dropped. She said she does not know whether Geldart plans to return to city government and lamented the effect of the case on his position, criticizing the media for its role.

“He was basically portrayed as guilty in the court of public opinion,” she said. “Cost him everything. It’s a tragedy and it’s shameful.”

Woodward, the personal trainer who filed the charge against Geldart, told WUSA 9 that the attorney’s decision was “a horrible letdown of justice.”

“This is not justice,” he said Tuesday outside the courthouse. “The prosecutor is not using their time and job as they’re supposed to, to prosecute the right people. That’s all this is. A man coming from power is gonna walk free.”

When asked to respond to Woodward’s statement, Porter said the evidence speaks for itself.

“My client is innocent,” Porter said. “This gentleman, Mr. Woodward, is an opportunist and trying to seek benefit of 15 minutes of fame for himself, and based on nothing.”

Amid the assault charge, Geldart’s residency also drew scrutiny. His police report listed an address in Falls Church, Virginia. As a high-ranking D.C. official, he was required by D.C. law to be a D.C. resident. Geldart has defended his residency, confirming he lived part time with his family in Virginia as well as with a friend and former colleague in D.C. Geldart called his living situation “geo-bacheloring” — a term used for military service members who live apart from their families with military personnel. Mayor Muriel Bowser announced days after the incident that Geldart had resigned, telling reporters at the time, “All of the issues are distracting from the job that we have to do.” City Administrator Kevin Donahue is heading up the Deputy Mayor for Public Safety and Justice office on an interim basis.

Mayor Muriel Bowser’s office did not respond to a request for comment on Tuesday.

Previously:

Chris Geldart Resigns As Deputy Mayor Of Public Safety Amid Assault Charges And Residency Questions

D.C.’s Deputy Mayor For Public Safety Allegedly Assaulted Someone In A Gym Parking Lot