TALLAHASSEE, FL (WTXL) - A motion was filed this week to dismiss domestic battery by strangulation charges against former FSU running back, Mario Pender.
The motion claims that the victim's breathing/circulation was not impeded during an incident where Pender is accused of strangling his girlfriend.
It also goes on to say that law enforcement did not asked the victim if her breathing/circulation were impeded and that "great bodily harm" can't be established without that information.
Pender was arrested on May 7; at the time of his arrest, he was also charged with resisting an officer without violence.
In the 911 recording released after his arrest, an unidentified caller tells the dispatcher she saw the suspect drag the victim by her scalp and said, "He's about to take her away in a car right now. And he's yelling at her."
Pender's lawyer previously said his client would be pleading not guilty to the charges.
