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Marcellus Wiley will not face domestic battery charges in Florida after an alleged altercation with his wife, Annemarie, according to court records obtained by The Daily Mail.
Monday's filing in Orange County state court explains that the state of Florida is not filing charges because testimony is 'not corroborated by any physical or other evidence' and therefore is 'insufficient to obtain a conviction.'
There had been a hearing in the case scheduled for last week, but it was ultimately cancelled ahead of Monday's filing.
The July 4 arrest affidavit alleged Wiley threatened to kill his wife and became physical with her in front of their children in an Orlando hotel room. Annemarie told police that on the morning of July 3, Wiley stood over her and 'used one finger to sternly and intentionally poke her in the cheek,' before threatening to kill her.
The former star of the Real Housewives of Beverly Hills was spotted last week for the first time since her shocking allegations were made public. Annemarie, 42, was not wearing her wedding band on her left ring finger as she stepped out of a black SUV.
She alleged in her filing last month that Wiley's abuse started back in 2012 and included a number of incidents of physical violence and four alleged rapes. She is also seeking sole legal and physical custody of their three children, and an order denying Wiley visitation.
'Marcellus subjects me to constant criticism, cruel and sarcastic remarks, and intimidation,' Annemarie claims in the application.
'His verbal and emotional abuse is constant, and his physical abuse occurs approximately once a month, and at times more frequently. I am afraid of Marcellus, and I fear for my own safety and for the safety of our children.'
That prompted Wiley to write a lengthy statement in defense, which he sent to The California Post.
Specifically, he called Annemarie's allegations 'lies' and claimed he has 'videos, photographs, text messages, emails, and other evidence' that directly contradict the former reality TV star's 'baseless claims.'
'I love my children with everything I am,' Wiley said in the statement. 'My highest priority has always been protecting them and preserving the relationship they have with both of their parents.
'Because of the public allegations made against me by Annemarie, I have been forced to respond with evidence rather than emotion. More importantly, I owe it to my children to truthfully document what they and I have endured.'
