WRENTHAM, Mass. (AP) Prosecutors have dropped a felony “intimidation of a witness” charge against New England Patriots wide receiver Terry Glenn, but continue to pursue an assault and battery charge.

Prosecutors decided they didn”t have enough evidence to prosecute Glenn, according to David Traub, spokesman for the Norfolk District Attorney”s office.

The charge was dropped late last week.

Glenn”s attorneys have filed a motion to have the misdemeanor assault and battery charge dismissed. A hearing on the motion will be heard on Dec. 4. If the motion is denied, The Patriots receiver will have to go to trial in February.

Glenn was arrested in May after allegedly assaulting Kimberly Combs, the mother of his son, at his Walpole home.

Combs, though, has signed a written affidavit in which she said Glenn didn”t assault, abuse or threaten her.

But prosecutors pressed ahead with the case, based on a statement from Glenn”s then 5-year-old son in which he said, “Daddy pushed Mommy.”

Glenn is also in dispute with the team over a four-game suspension and the Patriots decision to withhold most of his $9 million signing bonus after he violated the NFL”s substance abuse policy. This after Glenn asked to rejoin the team earlier this year.

Glenn, who is out with a leg injury, was cleared on Monday by the Equal Opportunity Employment Commission to sue the NFL on his charge that the league failed to consider his chronic depression when he was suspended.

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