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Jamaal Holmes, of Toms River, was charged with simple assault after police said he punched Robert Lay, 68, in the face during the protest. Holmes said he was simply protecting himself and never punched anyone, according to earlier news accounts.
On Friday, Ocean County Bradley D. Billhimer agreed, saying the charge had been dismissed after interviews with witnesses and a review of video from the boarwalk.
Several additional independent witnesses came forward or their names were provided by others as being present on the boardwalk that Saturday, Billhimer said.
Detectives from Billhimer's office tried to contact 14 people and interviewed 10 witnesses that were willing to cooperate, the prosecutor said.
Billhimer said reviewed all relevant evidence and ultimately determined that the Seaside Heights Police Department had probable cause to detain and arrest Holmes based upon the initial witness interviews.
Billhimer concluded that none of the arresting officers acted criminally.
Finally, Billhimer concluded that "sufficient credible evidence exists to create a reasonable doubt as to the State’s ability to prove the charge of Simple Assault beyond a reasonable doubt."
Holmes was marching with about 25 other protestors when Lay demanded he take off his Guy Fawkes mask -- then reached over and tried ripping it off, Holmes told the Asbury Park Press.
Seaside Heights Police Department Detective Steve Korman said the man fell to the ground due to the impact of Holmes' facial punch during an argument on the boardwalk at Sherman Avenue, leaving him with a small cut on the back of his head.
At the time, Holmes alleged police arrested him instead of Lay, refused to hear his side of the story and then taunted him while being processed at police headquarters, the APP reported.
Boaz Matlack of Medford told the APP he witnessed the altercation and that Holmes was not the aggressor.
Rather, Matlack said, the older man struck Holmes in the face twice before Holmes pushed him, causing him to fall over onto his own bike.
ALSO SEE: BLM Leader Says He Was 'Acting In Self-Defense"
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