Florida won't prosecute Secret Service agent

Aaron Francis Engler accused of attacking Miami police officer

Published On: Jan 30 2013 01:13:25 PM EST   Updated On: Jan 03 2013 07:46:22 AM EST
MIAMI -

The Florida State Attorney's Office announced Wednesday it won't prosecute a Secret Service agent accused of drunkenly attacking a Miami police officer.

The incident happened at the corner of Southeast 7th Street and Brickell Avenue about 7 a.m. on Oct. 12, 2012, nearly 12 hours after President Barack Obama attended a fundraiser a few blocks away.

Agent Aaron Francis Engler was charged with disorderly intoxication and resisting arrest without violence after the officer said he hit him in the face.

However, in an interoffice memorandum released to Local 10, the State Attorney's Office said it won't prosecute Engler because they can't prove he violated the law. According to prosecutors, although Engler was drunk and passed out in public, evidence and testimony does not suggest he was disorderly or a danger to others.

In the official Close-Out Memo, the office wrote: "A legal argument could be made that Mr. Engler’s actions, considered to be resisting, were a reaction to an unlawful search. This makes proving the State’s case beyond a reasonable doubt highly unlikely."