A domestic violence case against a 26-year-old Glendale police officer who allegedly assaulted his former live-in girlfriend has been dismissed.
Ventura County Superior Court Judge Colleen Toy White on Tuesday dismissed the case against Officer Daniel Schmit after prosecutors failed to file charges against him following his preliminary hearing earlier this month, according to court records.
Prosecutors reportedly didn’t move forward with formal charges after “considering the weakness” of his former girlfriend’s testimony, as well as the evidence, according to Schmit’s attorney, Michael Severo.
Prosecutors could not be reached for comment.
“Together with her less than credible testimony at the preliminary hearing, we believe the prosecution came to the conclusion that it could not prove its case against Mr. Schmit,” Severo said in an email, adding that his client “is absolutely innocent.”
He was charged with two counts of domestic violence and one count of brandishing a firearm in connection with the December incident, according to court documents.
White also ordered that Schmit’s personal property, including his phone, medications, pocket knife and 9mm and .38-caliber guns, be returned to him.
Schmit was arrested in December in the 900 block of Ashford Street in Simi Valley after he allegedly assaulted his then-girlfriend, Caitlin Moss, police said.
Moss was taken to Simi Valley Hospital-Adventist Health to be treated for unspecified injuries, police said.
Another Ventura County Superior Court judge declined to grant Moss a restraining order against Schmit because she allegedly had a “significant, serious” alcohol and anger-management problem, according to Severo.
The judge reportedly found Moss was physically violent and verbally abusive, Severo said in an email.
Schmit, his attorney said, always maintained that Moss was “the aggressor and, in fact, he suffered substantial injuries during the altercation with her.”
Glendale police officials declined to comment on Schmit’s possible return to the Police Department, citing employee privacy laws.
Schmit is on medical leave due to an on-duty back injury, according to Severo. But he was still subject to an internal affairs probe due to the criminal investigation.
“We are confident that the dismissal of the spurious charges against Mr. Schmit will result in a favorable disposition,” Severo said in an email. “We expect he will return to work as an active police officer as soon as he is medically cleared to do so. Danny is anxious to get back to work in the profession he loves.”