UPDATE: Assault charge dismissed for Nags Head police chief

Posted at 6:06 PM, Nov 30, 2014
and last updated 2015-01-26 18:38:49-05

Nags Head, N.C. - Assault charges filed against the Nags Head Chief of Police and his wife have been dismissed.

Both Kevin Brinkley and his wife, Rochelle, appeared in Currituck County Court on Monday, Jan. 26 for assault charges against one another.

According to court documents, Kevin grabbed his wife's neck twice during an incident on Nov. 28. During the same incident, Rochelle allegedly hit her husband with a statue. A 14-year-old who was home at the time called police.

When Deputies arrived they said they did not see any injuries so they left the home.

About an hour later, Rochelle asked to see a magistrate. The magistrate said there were visible marks, so an arrest warrant was issued for the chief. Later that day, Kevin spoke with the magistrate and an assault charge and a domestic violence order were issued against Rochelle.

After reviewing the evidence, the Currituck County Prosecutor, Amber Barwick, signed a dismissal notice for both Kevin and Rochelle, saying there was not enough evidence to determine who started the fight.

Chief Brinkley had been placed on paid leave after being charged with simple assault during the domestic incident. He has since been reinstated.

Chief Brinkley has served with the Nags Head Police Department since 1990. In 2009, he was promoted to police chief and responsible for overseeing 22 law enforcement officers.