The State Attorney's Office has dismissed charges against Florida sophomore defensive end Jermaine Cunningham from his Dec. 5 arrest for misdemeanor battery.

Jermaine A. Cunningham

 

"The victim's testimony was consistent with what Cunningham was telling us, that he didn't do anything during the incident," State Attorney Bill Cervone said.

Charges in the case are still pending for former UF linebacker Jon Demps and former LSU wide receiver Xavier Carter, an Olympic hopeful sprinter who is training in Gainesville.

According to a Gainesville Police report, Cunningham, Demps and Carter threw empty soda cups and a sandwich at a Jimmy John's sandwich shop employee during a dispute over whether a bag of chips had been paid for.

Cervone said the police report was inconsistent with the testimony of the employee and Cunningham. Cervone said the victim backed up Cunningham's testimony that he was not involved in the incident.

Even before the charges against Cunningham were dropped, UF coach Urban Meyer said Cunningham would play in the Jan. 1 Capital One Bowl.