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Houston Rockets guard Kevin Porter Jr. is requesting the Manhattan District Attorney’s Office to drop second-degree assault charges following a revelation that the alleged hotel beating of his girlfriend, former WNBA player Kysre Gondrezick, did not cause her neck fracture, as initially claimed by prosecutors.

Porter, 23, was arrested on Monday for the alleged assault at the Millennium Hilton New York Hotel, but recent evidence reveals that Gondrezick’s neck fracture was due to a congenital defect, not the incident, as acknowledged by the DA’s office at the request of Porter’s defense team.