PORTSMOUTH, Va. (WAVY) — An ex-corrections officer accused of choking a now former inmate at the Hampton Roads Regional Jail had his charges dismissed on Tuesday.

Ex-master jail officer Robert Whitaker faced one count of felony strangulation and one count of assault and battery in the case.

Former inmate Johnnie Simmons had accused Whitaker of strangling him back in February of 2019 after Simmons complained to Whitaker about problems with other inmates spitting in his food.

WAVY was the first news outlet to share video of the alleged assault.

Simmons said that when Whitaker tried to return him to his jail pod, Whitaker pinned him to the ground and started choking him. Simmons said he passed out and urinated on himself.

“He took me away from the other officers, and he’s choking me and said ‘Are you going to comply?’” Simmons said. “I tried to say ‘yes.’ I tried to say ‘I can’t breathe.’”

However court records show Whitaker had his charges dismissed on Tuesday. His trial was scheduled for 10 a.m.