Battery charges against UFC veteran Luis Pena dismissed

Charges against former UFC fighter Luis Pena stemming from an alleged domestic violence incident have been dismissed.

On Thursday, Broward County (Fla.) Judge Catalina Avalos ordered the two misdemeanor battery charges be dismissed, months after a previous nolle prosequi was not honored by the district attorney’s office.

Pena, 30, was arrested in October 2021 following an alleged domestic violence incident in which he was accused of striking his significant other and a witness who tried to break up the fight. Pena faced one charge of battery/touch or strike/cause bodily harm and one charge of battery. He was released from the UFC shortly after his arrest.

In an Instagram post, Pena touted the judge’s decision as a form of “justice.”

Best birthday present I ever got July 5th 2023, 2 years later the charges don’t get nolle pros they’re completely dismissed,” Pena wrote. “It’s unfortunate I lost so much over this injustice but it is what it is at this point, but it feels good to finally get some justice this is for all the people in my inbox and comments.”

JUDGE’S ORDER: Read the full decision

Trial date delays

Since his arrest, Pena has faced dozens of court hearings. He pleaded not guilty to the charges in June 2022 and has maintained his innocence in social media posts.

The case was initially expected to reach trial last October but was shifted to November at the request of the prosecution. When the alleged victim repeatedly did not show up to the November trial date for work-related reasons, Judge Avalos ruled she must be present the following day.

When the alleged victim expressed continued unavailability, the prosecution and defense came to an agreement in recess: Pena would have to complete a 12-hour anger management course, and the case would be nolle pros (the prosecution would stop pursuing it).

Emergency motion filed

Seven days later, the state filed an emergency motion to withdraw the agreement after it screen-shotted an alleged Instagram post and comments from Pena directed at the alleged victim, also a combat sports fighter.

The screenshots showed comments from Pena in which he indicated purposely that he signed with bareknuckle boxing promotion BYB Extreme out of “pettiness” because the alleged victim was also under contract.

“Lol I just did it to be petty bro now she gotta see me,” Pena allegedly wrote in the comments. “But you won’t have to worry about that from me never was any conflict from my side in the first place.”

Final verdict

Despite the state’s attempt to withdraw the previous agreement, Avalos stayed firm that it must be honored after Pena held up his end. The state continued to request a withdrawal and argued Pena’s anger management certification was no longer valid because the program’s compliance officer, when presented with the social media posts, confirmed the behavior was not in line with their course.

Avalos saw things differently, however, and ruled the screenshots “unauthenticated” and “undated,” and added the exhibit “does not amount to competent evidence justifying the withdrawal of the State’s offer.”

Judge Avalos also deemed the agreement to be clear-cut and noted Pena quickly upheld his end. Citing precedent, the agreement at hand and Pena’s cooperation, Avalos denied the State’s motion to request to withdraw its plea offer and accepted a motion by Pena to dismiss the charges altogether.

Pena, 30, has fought in 10 professional combat sports bouts since his UFC release, according to his Tapology page. He most recently competed in MMA in April, a submission loss to Michael Dufort.