Alec Baldwin Wins Critical Battle in 'Rust' Case ... D.A. Drops Gun Enhancement Charge
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The Santa Fe County D.A. has gotta be a little embarrassed today ... dropping a key charge against Alec Baldwin that now means even if convicted he might not spend any time behind bars.
The D.A. dropped the gun enhancement charge in the case ... this after Baldwin's lawyer filed a motion excoriating prosecutors for going after the actor using a law that didn't apply.
As we reported, Baldwin has been charged with involuntary manslaughter in the death of Halyna Hutchins. The D.A. initially tacked on the gun enhancement charge -- i.e., using a gun to commit the crime. Problem is, at the time of the shooting, New Mexico law provided a gun enhancement charge could only apply if the gun was "brandished" -- meaning the gun was displayed with intent to intimidate or injure a person. That's clearly not the case with Baldwin.
For some reason, the D.A. felt Baldwin could be charged with a recent amendment to the gun enhancement law, that doesn't require brandishing. Thing is ... that law was not enacted until 7 months after the shooting.
The D.A. belatedly saw it Baldwin's way and dropped the gun enhancement.
Here's why it matters ... if the gun enhancement charge stuck and Baldwin was convicted, he'd face a minimum of 5 years in prison. Now that it's been 86'd, if Baldwin is convicted of involuntary manslaughter, he'd face up to 18 months behind bars, but the judge could give him less ... or even probation.
The D.A. also dropped the gun enhancement charge against armorer Hannah Gutierrez-Reed.
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El Paso Mass Shooting 1 Dead, 3 Injured In Texas Mall ... Frantic Shoppers Run For Cover
Two gunmen killed one person and wounded three others Wednesday night during a mass shooting at a Texas mall ... and video captured the chaos as it unfolded.
The suspects were taken into custody by heavily armed police following the deadly attack inside the Cielo Vista Mall in El Paso. Cops have not disclosed their identities or motive.
Dramatic video shows frantic shoppers running for their lives as gunshots rang out inside the mall.
In another clip, police in tactical gear were seen walking through the mall with high-powered rifles. Other footage showed a paramedic wheeling a gurney while in a rush.
Interim El Paso Police Chief Peter Pacillas held a briefing, saying that cops were alerted to the shooting at 5:05 PM and responded within minutes -- thanks to two off-duty officers who were working security inside the mall. One of the officers immediately apprehended a suspect without using a firearm.
Witnesses shot footage of what appeared to be the other perpetrator kneeling on the sidewalk with his hands behind his head as cops stood over him.
Pacillas said one victim died at the scene and three more were rushed to a local hospital. Two of the survivors were listed in critical condition. The condition of the third was unclear.
Texas Governor Greg Abbott tweeted a statement, thanking first responders for "protecting their fellow Texans" and offering full state support.
What's more ... the mall is located next to a Walmart where Patrick Crusius fatally shot 23 people and injured dozens more while targeting Hispanic people in a 2019 hate crime. Crusius later pleaded guilty to 90 federal charges and is serving 90 life sentences.
There have been more than 70 mass shootings so far this year.
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Buffalo Mass Shooter Man Lunges at Killer During Sentencing Hearing
9:02 AM PT -- Payton Gendron was just sentenced to life without parole.
An already emotional scene was ramped up after a man inside the courtroom lunged at Buffalo mass shooter Payton Gendron during the monster's sentencing hearing.
Barbara Massey, who lost her sister, Katherine, during the attack in May 2022 which left 10 dead, addressed the shooter directly Wednesday inside an Erie County Courthouse. Massey exclaimed, "My sister Katherine Massey was a great person, Kat didn't hurt anybody ... You don't know a damn thing about Black people, we're human, we like our kids to go to good schools, we love our kids. We never go in neighborhoods and take people out."
At that point, a man dressed in grey who was standing next to Barbara pushed her aside and lunged at Gendron, only to be restrained by several officers protecting the murderer.
As the incident happened, you can hear several people in the crowd become emotional ... and both Gendron and the man who lunged at him were escorted out.
Gendron, who is white, killed 10 Black people and wounded several others during a mass shooting at a Buffalo-area grocery store.
Gendron live streamed his brutal attack, carrying out the killings with an automatic weapon inscribed with racist words and phrases -- including the N-word and "Here's your reparations."
He's expected to be sentenced to life in prison -- pleading guilty to charges including domestic terrorism motivated by hate and murder.
The hearing resumed after a brief pause to settle the courtroom.
Originally Published -- 8:17 AM PT
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MSU Mass Shooting Rep. Slotkin Enraged by 2nd School Shooting ... Gun Reform Now!!!
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Rep. Elissa Slotkin says the latest mass shooting in Michigan has her full of rage -- and she's hoping this one is the tipping point for Congress to pass common sense gun laws.
We talked to the Congresswoman -- who represents Michigan's 7th district, encompassing Michigan State University, where 3 students were gunned down Monday -- and she said, sadly, it was like déjà vu. She cited the 2021 mass shooting at Oxford High School, also in her district.
Rep. Slotkin told us Tuesday on "TMZ Live" ... although her community has experienced this in the recent past, the same gut-wrenching feelings were sparked anew as she and her team got reports of the gunman.
Obviously, she's working with her constituents as they process this tragedy -- but in terms of where to go from here ... Rep. Slotkin says she's still in favor of pushing through bills that'd hopefully help deter such shootings.
She says the fact this shooter -- Anthony McRae -- was a convicted felon who clearly had issues is a red flag that should've popped up in background checks, and he never should've had a gun. The congresswoman also says most Americans are on board with this idea -- realizing that enforcing these kinds of policies doesn't infringe on the 2nd amendment.
The congresswoman also fielded a truly hard question -- what to do about people who are out for vengeance and hell-bent on using a gun? In other words, if bad people are insistent on doing bad things -- legally or illegally -- can we really fight this phenomenon???
It's a tough situation, but Rep. Slotkin still believes this type of festering anger in people -- which leads them to such heinous acts -- can be weeded out from the ground up.
In offering up solutions, she also raised that old adage -- it takes a village.
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'Flavor of Love' Star Deelishis Niece Killed In MSU Mass Shooting
Families are left devastated after a mass shooting at Michigan State University ... and "Flavor of Love" star Deelishis says her niece was among the 3 students killed.
Deelishis first posted Monday night, asking her followers to help locate her niece in the chaos following initial reports of the shooting. She wrote, "My beautiful niece @ariellediamond_ is a student at MICHIGAN STATE UNIVERSITY… she was in her classroom in the same building as the active shooter and we have not heard from her."
She continued, "If you know her whereabouts please dm me … in the meantime my family and I ask for your prayers 🙏🏼❤️‼️ #MichiganStateUniversity #ArielleDiamond"
Unfortunately, her niece Arielle never made it out ... the reality star later pinned a comment by another family member that said, "my sweet beautiful niece... RIP baby girl".
As we reported, a gunman -- identified by police by police as Anthony McRae -- went on a shooting rampage at MSU Monday night ... killing 3 students and critically injuring 5 others.
Hours later, he died from a self-inflicted gunshot wound. Right now, cops are investigating the incident and have not yet found a motive for the tragedy.
RIP
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Magic Johnson 'Devastated' Over MSU Shooting ... 'Tragic Situation'
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The Michigan State Spartans community is showing an outpour of support for the university as it deals with the aftermath of Monday's mass shooting ... with alums like Magic Johnson, Le'Veon Bell and more sharing their condolences.
"Cookie & I are devastated to hear about the news of a shooting on Michigan State’s campus," Magic tweeted shortly after news broke of the tragedy. "We are praying for the victims, their families, students, faculty, employees & administration."
"This is such a tragic situation & our hearts go out to the MSU community, all of Lansing and East Lansing! 🙏🏾🙏🏾🙏🏾"
Mat Ishbia, a 2000 national champion with the Michigan State basketball team and owner of the Phoenix Suns and Mercury, released a touching tribute ... saying, "Deeply saddened by the horrific tragedy that took place at Michigan State University last night. Sending my love, thoughts, and prayers to all MSU students, the university, and the entire Spartan family."
Bell -- who played at MSU from 2010-2012 -- said, "this is sad. condolences to the victims."
Memphis Grizzlies forward Jaren Jackson Jr. -- who played for Sparty from 2017-18 -- also called on his followers to send their prayers.
Pro football player BJ Cunningham was shocked by the report ... saying, "This world is wild," while also sending a positive message to the families and students at his former campus.
Mass Shooting Leaves 3 Students Dead, 5 Wounded At Michigan State University
Ex-Duke star and current San Antonio Spurs player Tre Jones sent out a statement, saying he's keeping the victims in his thoughts ... while adding shootings of this nature will keep happening until the government does something about it.
Police identified Anthony McRae as the suspect, who opened fire after entering two different buildings on campus ... killing three people and critically injuring five others before taking his own life.
Cops are investigating the tragedy ... but a motive behind the incident has not been reported.
Michigan State has suspended all athletic events as the community mourns the horrific event.
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Michigan State University Mass Shooting 3 Students Dead, 5 Critically Injured ... Gunman Dies By Suicide
A gunman went on a shooting rampage at Michigan State University on Monday night, killing 3 students and critically injuring 5 others before taking his own life.
The suspect, identified by police as Anthony McRae, entered two buildings on campus, turning both into shooting galleries as students ran for cover and heavily armed police officers stormed the area looking for the assailant.
Hours later, law enforcement caught up with McRae, who died from a self-inflicted gunshot wound, cops said. During the manhunt, police released surveillance images of McRae walking inside a building while gripping an unknown object in one hand. Police later recovered a weapon.
MSU Interim Deputy Chief Chris Rozman discussed the attack at a news conference ... "I can’t even begin to imagine what that motive would be. That will obviously be part of our investigation."
Rozman added, "we are unsure of any affiliation that the suspect had to the University."
The deadly assault marked the 67th mass shooting in the country so far this year. A mass shooting is defined as 4 or more people killed or wounded in a single violent incident, not including the gunman.
Rozman said police first started receiving 911 calls of a shooting at Berkey Hall around 8:18 PM ET. When cops arrived at the building, they found two students dead.
Soon after, Rozman said, officers responded to another shooting at the nearby student union building, where they discovered the third student deceased.
Rozman confirmed that 5 other victims were listed in critical condition at a local hospital.
Michigan Governor Gretchen Whitmer described the MSU community as "reeling" from the shooting. She also said, "We mourn the loss of beautiful souls today, and pray for those who are continuing to fight for their lives."
President Biden spoke with Whitmer after the attack and offered her state federal assistance.
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Justin Bieber, Kodak Black Sued Over Shooting At After-Party ... During Super Bowl LVI Weekend
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Justin Bieber and Kodak Black are being dragged to court over a shooting that occurred following Justin's concert after-party during last year's Super Bowl weekend ... two men who claim they were struck by bullets are suing.
According to the lawsuit, obtained by TMZ, Mark Schaefer and Adam Rahman say they were shot and severely injured in the February 2022 shooting outside The Nice Guy in L.A. ... and they're blaming Justin, Kodak and the venue.
TMZ broke the story ... three people, including Kodak, were shot outside the party... and Kodak's camp says when he was leaving the venue someone in his crew got jumped by an unidentified assailant, with the rapper throwing himself into the mix to help his pal out before shots rang out.
In the docs, the alleged victims claim Kodak was a major catalyst in the shooting ... they say he was trying to cause harm and escalate the situation and they're laying the blame for the shooting squarely on his shoulders.
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What's more, the alleged victims claim security at the venue was lax ... they say the security guards who were hired couldn't handle the job, and the venue, promoters and performers, therefore, bear some responsibility, too.
The alleged victims are going after Kodak, Justin, The Nice Guy, The Hwood Group and Revolve Group, plus the City of Los Angeles, the City of West Hollywood and Los Angeles County for damages ... and they're being repped by Gloria Allred.
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Kodak's attorney, Bradford Cohen, tells TMZ ... "I have seen a lot of bad complaints in my day. This is the most poorly drafted complaint I have seen in 26 years. I expect Kodak to be dismissed from this suit fairly quickly."
Cohen continues ... "There is zero specificity in the complaint and Ms. Allred groups the defendants all together instead of making specific allegations against each. It's law school 101. I am embarrassed for Ms. Allred that she actually signed her name to that complaint."
We also reached out to reps for Justin, The Nice Guy and The Hwood Group ... so far no word back.
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Alec Baldwin 'Rust' D.A.'s Weapons Charge is Bogus
Alec Baldwin is going after the "Rust" prosecutor ... claiming she is charging him with something that wasn't even a crime when Halyna Hutchins was shot and killed.
As we reported, Baldwin has been charged with involuntary manslaughter with a firearms enhancement. That firearms enhancement allows the judge to put Baldwin in prison for a MANDATORY 5 years.
Baldwin's lawyers filed legal docs Friday, arguing the firearms enhancement law was not passed by the New Mexico State Legislature until May, 2022 ... 7 months AFTER the incident.
Now, there's an old version of the enhancement law that was in effect at the time of the "Rust" shooting, but that law requires that a firearm be "brandished," and that term is defined as follows ... "displaying or making a firearm known to another person ... with intent to intimidate or injure a person." Under any scenario, Baldwin had no intent to injure.
If the judge throws out the firearms enhancement charge, it significantly changes the punishment. He would only face up to 18 months in prison, and the judge could grant probation.
So, the stakes are high.
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Drake Will Be Grilled in XXXTENTACION Murder Case
Drake will have to answer questions about XXXTentacion's murder, and the judge is threatening severe consequences if he misses a deposition.
Mauricio Padilla, the defense attorney for Dedrick Williams -- one of the 3 men accused of killing XXXTentacion -- persuaded the judge it's necessary for Drake to answer questions about his 2017 beef with the late "Look At Me!" rapper.
Drake was originally scheduled to be deposed on January 27, but failed to appear and now must sit for the deposition on February 24, via Zoom. If he misses that date, the judge says he better be in court on Feb. 27 or possibly be charged with contempt.
X and Drake have been intertwined through conspiracy theories for years -- mostly based on claims Drake bit some of his musical style, and one of X's IG stories. Four months before his June 2018 murder, X posted ... "IF ANYONE TRIES TO KILL ME IT WAS @champagnepapi IM snitching RN."
XXXTENTACION deleted the post and said he'd been hacked, but still ... Padilla's doing all he can to create reasonable doubt, and for now, the judge is allowing the far-fetched Drake theory to play out.
The trial began earlier this week as defendants Williams, Michael Boatwright and Trayvon Newsome all face life sentences for their role in killing XXX outside a RIVA Motorsports in June 2018.
Another suspect, Robert Allen, pleaded guilty to second-degree murder and has been testifying throughout the trial.
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Alec Baldwin Halyna Hutchins' Family Files Lawsuit
Alec Baldwin has yet another lawsuit to deal with regarding the fatal "Rust" shooting ... family members of the late Halyna Hutchins are taking the actor and several others to court.
According to legal docs, obtained by TMZ, Halyna's parents and sister have named Alec -- as well as a slew of companies and individuals -- as defendants in the suit. Armorer Hannah Gutierrez-Reed is one of the many named.
The docs claim several safety protocols on set were ignored, including their insistence that Gutierrez-Reed should've been the only one handing Baldwin the gun -- NOT Assistant Director David Halls, who's also named as a defendant.
The family says Baldwin "cannot hide" behind Halls' alleged statement on set that the gun was "cold" ... adding a veteran actor like himself should've insisted that it was demonstrated to him or checked it himself.
What's more, the docs say the scene they were filming didn't call for Baldwin's gun to be cocked or fired at all -- and they say there was insufficient plexiglass in the building at the time of the incident, which could've ensured Hutchins' safety.
Hutchins' family is suing for loss of consortium, negligence, intentional infliction of emotional distress, and more ... and is seeking unspecified damages.
We've reached out to Baldwin and Gutierrez-Reed -- Hannah's lawyer, Jason Bowles, had no comment ... no word from Baldwin's team.
As we reported, Baldwin was charged with involuntary manslaughter last week ... with the D.A. listing many of the same reasons as to why he was hit with the charge -- also pointing out potential discrepancies in his multiple interviews following the shooting.
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NASCAR Star Kyle Busch I Was Detained In Mexico Over Gun 'I Apologize For My Mistake'
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NASCAR star Kyle Busch says he was detained by authorities in Mexico last month ... after he says they found a handgun in his bag at an airport.
Busch said it all happened following the conclusion of his vacation with his wife, Samantha, in late January.
According to the 37-year-old driver, he was going through airport security screening ... when he realized he accidentally brought his firearm in his luggage.
Busch claims he has a valid concealed carry permit for it -- but its discovery still alarmed authorities, who detained him over it all.
"I was not aware of Mexican law and had no intention of bringing a handgun into Mexico," he said in a statement on his social media page Monday.
"When it was discovered, I fully cooperated with the authorities, accepted the penalties, and returned to North Carolina."
Prosecutors in Quintana Roo appeared to address the incident in a statement released over the weekend. Officials said the defendant, ID'ed only as "Kyle Thomas 'B'" from the state of Nevada, was detained following the discovery of a firearm on Jan. 27. They noted that following an investigation, he was sentenced to three and a half years in prison as well as a fine.
This sequence from Kyle Busch and Martin Truex Jr. 🤤#NASCAR pic.twitter.com/mTCrLx2Y29
— Motorstar 💫 (@MotorstarTV) February 5, 2023 @MotorstarTV
Busch made no mention of a prison sentence in his statement Monday.
"I apologize for my mistake and appreciate the respect shown by all parties as we resolved the matter," Busch said. "My family and I consider this issue closed."
Busch raced in the Busch Light Clash at The Coliseum in Los Angeles on Sunday ... finishing in third place.
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Joe Mixon Allegedly Threatened To Shoot Woman ... In 'Road Rage' Incident
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Joe Mixon allegedly threatened to a shoot woman in a "road rage" incident just one day before the Bengals' playoff game against the Bills ... this according to a police report, obtained by TMZ Sports.
In the Cincinnati Police Dept. documents, cops say the alleged incident happened at 12:49 PM on Jan. 21 -- less than 24 hours before Cincinnati played the Bills in the Divisional Round in Buffalo.
According to the docs, a 43-year-old woman told cops that an "unknown suspect" -- later believed to be Mixon -- "brandished a firearm and threatened to shoot her."
She added, per the report, that it was all "a result of a 'road rage' incident."
A warrant for Mixon's arrest was eventually filed last week for one count of misdemeanor aggravated menacing. In court documents, authorities said Mixon told the alleged victim at the time, "You should be popped in the face, I should shoot you, the police can't get me."
The case, however, was dismissed on Friday after prosecutors said they needed "additional investigation before we would move forward with this case." Officials said there was still a chance it could all be refiled in the future.
Here's video of Hamilton County Judge Curt Kissinger signing off on the Hamilton County Prosecutor's Office motion for dismissal after Bengals RB Joe Mixon was charged with aggravated menacing. pic.twitter.com/T7JcqNngKJ
— WCPO 9 (@WCPO) February 3, 2023 @WCPO
Mixon played against the Bills on Jan. 22, rushing for 105 yards and a touchdown. A week later, he also saw time in Cincy's AFC Championship Game against the Kansas City Chiefs.
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Rob49 Bounces Back After Miami Shooting I'm Glorifying The Trenches!!!
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Louisiana rapper Rob49 is back on his feet after being shot last month … and is doubling down on his murder rap career with his new single.
The up-and-coming Louisiana rapper thanked fans for their well wishes before dropping off the video to “4God II” on Friday … and stepped into The Shade Room to assure fans he wasn’t hiding any injuries and urged them to check out the track.
Waiting for your permission to load the Instagram Media.
Directed by music video vet Gerard Victor, the “4God II” video features the 24-year-old rapper spitting lyrics about being the #1 target for opps and riding around in bulletproof vehicles.
He also flashes his ice inside a Rolls-Royce … but also an arm sling, as a result of his injuries sustained on the night of January 5.
Rob49 and French Montana were filming a music video when gunmen arrived on the scene and opened fire, striking Rob49 and several others including French’s bodyguard.
No fatalities occurred but Miami police blamed French for the shooting ... citing his lack of permits to film the clip.
French barked back at the cops' accusations, claiming to have been celebrating a mixtape release as opposed to filming a music video but at any rate, Rob49 is back on the prowl.
We reached out to his team to learn more about his next moves. Stay tuned!!!
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'Rust' Shooting Armorer Stretched Too Thin ... Couldn't Check Baldwin's Gun Before Fatal Shooting
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There's been a lot of blame placed on the armorer on the set of "Rust" -- by both the public and law enforcement -- but her attorney says she did everything in her power to ensure everyone working on the project was safe.
We had Jason Bowles, the attorney for Hannah Gutierrez-Reed on "TMZ Live" Friday who talked at length about his client's case ... and shared what he believes were some of the failures that led to the death of Halyna Hutchins.
Bowles says Hannah asked assistant director, Dave Halls, to let her know when Alec Baldwin was going to handle the gun that fired the fatal shot so she could inspect it and give Baldwin proper instruction on how to handle the weapon.
Bowles says Halls never gave Hannah a heads up, simply handing the gun over to Alec without following any sort of safety procedure.
'Rust' Armorer Distraught Directly After Shooting, Says Her Lawyer
What's more -- Bowles claims Hannah was stretched very thin on set -- taking up both the duties as armorer and handling props.
Bowles tells us at one point, Hannah sent an email to production letting them know she needed to focus more of her time on the armorer duties ... a request he says was denied.
As we reported, both Hannah and Baldwin have been charged with involuntary manslaughter. They're both facing up to five years in prison if convicted.
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Joe Mixon Aggravated Menacing Case Dismissed
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Joe Mixon is in the clear in his aggravated menacing case -- at least, for now -- prosecutors dismissed the charge against the Cincinnati Bengals star on Friday ... though there is still a chance they could re-file it at a later date.
Officials from the Cincinnati City Prosecutor's Office asked a judge to sign off on the case's dismissal early Friday morning ... and just minutes ago in a Cincinnati courtroom, Hamilton County Judge Curt Kissinger did just that.
Here's video of Hamilton County Judge Curt Kissinger signing off on the Hamilton County Prosecutor's Office motion for dismissal after Bengals RB Joe Mixon was charged with aggravated menacing. pic.twitter.com/T7JcqNngKJ
— WCPO 9 (@WCPO) February 3, 2023 @WCPO
"I will sign the entry of dismissal," the judge said at the hearing. "And the warrant will be recalled subject to further filing by the City of Cincinnati."
Prosecutors said in the courtroom they were asking for dismissal because they needed "additional investigation before we would move forward with this case."
They noted the alleged victim would like to still go forward with the charge "if we do decide to refile it."
As we reported, an arrest warrant for a misdemeanor count of aggravated menacing was issued for Mixon on Thursday ... after officials alleged he pointed a firearm at a woman on Jan. 21 and told her, "You should be popped in the face, I should shoot you, the police can't get me."
Mixon's rep, Peter Schaffer, said in a statement following the court filing, "It was a rush to judgment."
"I really feel that police have an obligation before they file charges -- because of the damage that can be done to the person's reputation -- to do their work," Schaffer added.
Mixon just finished his sixth season with the Cincinnati Bengals. He has two years remaining on his contract.