Broncos' Elvis Dumervil will not be charged in Miami incident

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DENVER, Colo. -- Upon further review, the Miami-Dade state attorney's office did not agree with the Miami Beach police department regarding an assault charge against Elvis Dumervil.

The Broncos' star defensive end had been arrested on a class 3 felony charge of aggravated assault with a weapon by Miami Beach police after a road rage incident on July 14.

The state attorney's office decided Tuesday to not formally charge Dumervil of any wrongdoing.

"It was a blessing that the investigators took the time to get the truth out," Dumervil said. "I knew I didn't do anything wrong. It was a matter of being in the wrong place at the wrong time. I'm just ready for football."

According to the police report, an argument on a busy South Beach street resulted in Dumervil and a friend Andy Auguste allegedly approaching occupants in a white Impala, raising their shirts and each displaying a gun from their waist bands.

"I never had a gun on me at all," Dumervil said Tuesday. "I never left the area right outside my car door."

Police arrested both Dumervil and Auguste while they remained stuck in traffic, even though the 9-1-1 call by a witness from a nearby Victoria's Secret store that brought police to the incident did not implicate Dumervil.

The 9-1-1 caller said a man had "a gun pointing to somebody." The caller added the man was an African American in a white car. Police later determined that the male and female occupants of the white Impala were of "white Hispanic descent" and were identified as the victims in the incident.

Later in the 9-1-1 call, the witness said the disturbance was between a male in the white Impala and a person in a silver Mercedes. Auguste was in the Mercedes. Passengers in the Land Rover that Dumervil was driving were not mentioned in the 9-1-1 call.

"We had conducted an investigation and spoken with the Victoria's Secret employee who confirmed that Elvis had done nothing wrong," said Harvey Steinberg, Dumervil's attorney. "And the media reports and police reports had inaccurately portrayed what she had said. When we learned of that information we were confident the authorities would not file charges."

Despite the cloud of suspicion Dumervil has lived with since his arrest, he has played well in camp. After a sack of Caleb Hanie during the Broncos' scrimmage Saturday at Sports Authority Field at Mile High, he drew loud chants of "Dooom!" from the crowd 41,304.

Perhaps Dumervil can enter a season with no impediments for the first time since 2009, when he led the NFL with 17 sacks.He suffered a season-ending torn pectoral muscle in training camp of 2010, and was limited by several injuries last season.

"I'm in the prime of my career and I haven't had a chance to show it yet," Dumervil said. "This year all the hard work I put in with my teammates during the offseason, all the work I put in learning the (coach Jack) Del Rio package, getting my body in top condition, it will not go unnoticed. So despite all this, whatever happened, my hard work will not go unnoticed."

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