SANTA BARBARA COUNTY, Calif. - The Santa Barbara County District Attorney's Office has announced that it will not retry the case against Tony DeNunzio.
A judge ruled Thursday that "the evidence that Mr. DeNunzio's blood alcohol content (BAC) of .09% at the time his blood was drawn was irrelevant to a determination of whether he was driving under the influence of alcohol," District Attorney Joyce E. Dudley said in a statement.
As a result of the ruling, the DA's office said that it has insufficient admissible evidence to retry the case.
In October 2011, DeNunzio was pulled over and arrested on suspicion of DUI and driving with a suspended license, which he pled not guilty. During the arrest, dash cam video showed DeNunzio in a scuffle with a Santa Barbara police officer.
In the video, an officer is seen punching DeNunzio and allegedly tasering him.
According to the DA's office, "A Department of Defense expert testified in the first trial that Mr. DeNunzio's BAC was .09% at the time of the blood draw after his arrest... and the jury hung 8-4 in favor of guilt."
Chief Trial Deputy Kelly Scott released a statement, which reads in part, "The People cannot prove beyond a reasonable doubt that the defendant was driving under the influence of alcohol without the DOJ's expert testimony regarding the defendant's blood alcohol content."
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