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No criminal charges to be brought against Edgewater mayor in alleged battery case
Prosecutors will not file a battery charge against Edgewater Mayor Diezel Depew after a woman accused him of hitting her with a campaign sign during an argument outside a New Smyrna Beach early voting site.
EDGEWATER, Fla. - Prosecutors will not file a battery charge against Edgewater Mayor Diezel Depew after a woman accused him of hitting her with a campaign sign during an argument outside a New Smyrna Beach early voting site.
Police referred the complaint to the State Attorney’s Office, which determined it would not pursue criminal charges.
The backstory:
New Smyrna Beach Police sent the 7th Judicial Circuit State Attorney's Office a battery complaint following an Aug. 7 argument between Depew and a woman. Police responded to the New Smyrna Beach Library around 11:30 p.m.
The woman, Donna McDavid, claimed Depew hit her with his campaign sign. Depew denied the claim.
The incident was captured on police body camera video, which New Smyrna Beach police shared with FOX 35 News earlier this week.
McDavid said the decision left her feeling "like a victim again," while Depew denied wrongdoing and called the allegation a "baseless political attack." The decision comes days before Tuesday’s nonpartisan primary for Edgewater mayor.
What they're saying:
Donna McDavid said she was caught off guard Friday night.
"With enough force to cause bruising on my arms," McDavid said. "I didn't see it coming, so I was concerned about my balance at that point and not falling and getting hurt."
McDavid said she was disappointed about the decision.
"Makes me feel like a victim again," McDavid said. "I feel like they've let me down."
Depew denied hitting McDavid with his sign. He said he expected this outcome.
"I did nothing wrong here," Depew said. "The video proves that. Obviously, the state's attorney has established that as well. This is just a baseless political attack against my character."
Depew said the incident is a distraction from the issues of the election.
"This is just sad that our residents had to go through this: a media phase, and that my family had to go through it on a media phase as well," Depew said. "The whole situation is just sad."
What's next:
The non-partisan primary for Edgewater mayor is Tuesday, Aug. 18. There are three people running for the job. Depew is seeking a second term in office. He became the youngest mayor in Florida at the beginning of his first term.
FOX 35 News is waiting on a response from prosecutors explaining why they decided not to file charges.
The Source: FOX 35 News interviewed both parties involved, received paperwork from the 7th Circuit State Attorney's Office, reviewed police body camera footage and reviewed the police report to compile information for this report.