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Criminal charges were dismissed Tuesday against a San Diego police officer accused of assaulting a handcuffed sailor in Mission Beach.

Officer Jeff Jacob, a three-year police veteran, had been charged with misdemeanor assault under color of authority for allegedly striking the handcuffed sailor in the face with a soda can and throwing him to the ground.

But Mike Pent, chief of the district attorney’s Special Operations Division, noted that when the case went to trial earlier this year, a jury deadlocked 7-5 in favor of the officer.

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“The reason for the dismissal is that there is not a probability of conviction in the case,” Pent said.

“We had a full, complete trial, and the jury was deadlocked very firmly for acquittal. But in terms of the case presentation, we just don’t feel it can come in any better than the first time. So we don’t feel under those circumstances that another trial would be successful.”

Jacob could have received one year in jail and a $1,000 fine had he been convicted of assaulting Christopher Del Larsen, a sailor now assigned in Long Beach, on Oct. 1.

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