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Cop could be back on the streets after Commonwealth’s Attorney doesn’t seek domestic violence charges

Posted at 5:40 PM, Oct 26, 2016

NEWPORT NEWS, Va. - The Commonwealth Attorney in Newport News will no longer press charges against a police officer who was accused of domestic violence.

Poquoson Police Chief says there is now an internal investigation to see whether or not Earl McNair Jr. violated any department polices.

Theresa Curry took out charges against the father of her children, McNair, but three months later she turned up dead in their former home.

Police have not filed any charges in her death and said there were no signs of trauma to Curry's body and they said there was no sign of a struggle inside her house.

Back in June, Curry told police McNair came over to reconcile their relationship – but she said things turned violent and he tried to choke her.

McNair was charged with assault, strangulation, and abduction.

But Wednesday the domestic violence charges were nolle prossed – meaning the Commonwealth’s Attorney will no longer prosecute McNair.

Legal analysts say it would be extremely difficult to meet the burden of proof with a victim who is dead.

McNair has been working in the Public Works Department instead of on the street as a police officer since his arrest, according to the Police Chief.

Meanwhile Curry’s family still wants answers about her death.

Back in September her aunt Robin Rigby told News 3, "We are all devastated. Theresa was a big part of our hearts."

Wednesday the Medical Examiner’s Office said her cause and manner of death are still pending.

Rigby said Curry had plans to move into her mom’s house and went back to her old house to get her belongs. That was the last time anyone heard from her.

The family is still hoping police can provide them with information about her death.

The Poquoson Police Chief said the internal investigation will likely take about two weeks.

They’ll be asking Newport News Police for the information they gathered in the case and determining whether any department polices were violated in the domestic violence case.