The prosecutor in the simple assault case against Mets closer Jeurys Familia told Newsday on Monday that he will meet with Familia’s wife and attorney this week before deciding whether to drop the charge.
Familia is due back in Fort Lee Municipal Court on Thursday morning, and Fort Lee prosecutor Arthur Balsamo said he will meet with them immediately beforehand.
He wants to make sure nothing has happened since the order of protection was lifted Nov. 10.
Last month Familia’s wife, Bianca, asked Balsamo to not pursue the charge against her husband. She also told Balsamo she is not worried for her safety.
“I just want to make sure nothing has happened in the intervening two months, and certainly since they’ve been back together again,” Balsamo said. “Just so I can see that everything is calm and peaceful. And then I’ll make a decision.”
The attorneys for Familia and Familia’s wife did not immediately respond to requests Monday seeking comment.
Familia, 27, was arrested after 2 a.m. on Oct. 31 and Fort Lee, New Jersey, police allege that he caused “bodily injury to another” person, citing a scratch on the person’s chest and a bruise on the right cheek. Balsamo previously identified the victim as Familia’s wife.
Municipal Court judge John DeSheplo said during the Nov. 10 hearing that the prosecutor can choose to continue with the case even if the victim decides not to cooperate. Balsamo said Monday he hasn’t decided how he plans to proceed.
“I don’t like to make a judgment ahead of time until I’ve at least met with them,” he said. “They’re back together again and sometimes that leads to more chaos than what started out. I’ll make a decision Thursday morning.”
The maximum penalty for a simple assault charge is six months in jail, a $1,000 fine and two years’ probation.
Major League Baseball also could suspend Familia without pay regardless of how his case plays out in court.