WASHINGTON (DC News Now) — The Arlington County Commonwealth’s Attorney’s Office dropped an assault charge levied against former DC Deputy Mayor Chris Geldart on Tuesday.

Geldart resigned from his post in October after he was charged with assault for grabbing a man’s neck outside a Gold’s Gym, which also prompted questions about whether he actually lived in the District as required.

The prosecutor with the Commonwealth’s Attorney for Arlington County stated the decision in court related to Geldart’s alleged October 1 throat-grabbing incident. One witness told police the altercation was initiated by personal trainer Dustin Woodward.

“A robust review of the case against Mr. Geldart was undertaken before the decision was made to decline further prosecution of the assault and battery charge,” the Commonwealth’s Attorney’s office said in a statement. “The Commonwealth concluded the charge could not be sustained and justice required dismissal.”

Geldart was also under controversy over his place of residence. Top administration officials are required to live in their jurisdiction; however, Gel

Geldart, who was paid more than $200,000 annually as a deputy mayor overseeing public safety and justice, resigned not long after the incident. He told police following his arrest that he lived in Falls Church.

DC officials who serve the mayor must live in the District under strict residency requirements.

In an interview with the Washington Post, Geldart said he lived part-time with his family in Virginia and part-time with a friend in DC.

Geldart could not be reached for comment and he declined to have his attorney speak to DC News Now.

After initially downplaying the incident involving one of her deputies, Bowser said she was disappointed in his reaction that sparked the altercation. Her office declined to comment.