The charges have been tossed in the case of a man accused of throwing a banana peel at Dave Chappelle during a performance in New Mexico.
The Albuquerque Journal reports prosecutors dismissed two petty misdemeanor charges against 31-year-old Christian Englander after Chappelle was unresponsive to requests for testimony.
Chappelle had said the March incident at the Lensic Performing Arts Center in Santa Fe was a racist act, while Englander has acknowledged he threw the banana peel because Chappelle was making jokes about his friend.
Assistant District Attorney Anastasia Martin wrote in her notice of dismissal that a conviction was unlikely without Chappelle's testimony. Charges can be refiled if Englander fails to perform 22 hours of community service by Feb. 16.
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Information from: Albuquerque Journal.
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