The Los Angeles County District Attorney's Office has decided not to file domestic violence charges against Assemblyman Roger Hernandez in response to a complaint months ago by a female acquaintance.
Investigators determined there was insufficient evidence to sustain a conviction, spokeswoman Sandi Gibbons said.
Today's announcement comes nearly three months after the female complainant obtained a temporary protective order after complaining that Hernandez caused "visible injury" by striking her with a belt and slamming her against the wall during a prior argument.
The woman's complaint to police and the alleged domestic violence also occurred months apart. She told officers about the incident when they were called to West Covina's Lazy Dog Restaurant in late October in response to a nonviolent argument between the woman and Hernandez.
West Covina police later referred the case to the Los Angeles County Sheriff's Department for investigation.
About a week after complaining to police at the Lazy Dog Restaurant, the woman's allegation of domestic violence by Hernandez became a key element in a lawsuit filed on her behalf by high-powered attorney Gloria Allred. Hernandez recently filed a court response denying any wrongdoing.
Allred's lawsuit said the woman and the West Covina Democratic lawmaker had dated each other for five months, during which he became "extremely controlling, jealous and manipulative."
The lawsuit described one argument in which Hernandez allegedly took off his belt, folded it in half and hit the woman on her side. He also allegedly grabbed her arm and slammed her against a wall, causing bruises, the lawsuit said.
Hernandez also was accused of using cocaine and marijuana.
On one occasion, the suit said, "the speaker of the Assembly had called a medical team to come to the building because (Hernandez) felt like he was going to die after using cocaine," the suit said.
Robin Swanson, spokeswoman for Assembly Speaker John A. Pérez, said Wednesday that "I can say with certainty that the speaker made no such call."
Attorney Aldo Flores, representing Hernandez, called the lawsuit "unsubstantiated, flat-out lies."
"I think it's a frivolous lawsuit designed for monetary gain," he said.
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