Charge against country star Rodney Atkins retired

FILE - In this Nov. 8, 2011 file photo, Rodney Atkins, right, and his wife Tammy Jo arrive at the 59th Annual BMI Country Awards in Nashville. Atkins will not be prosecuted on a misdemeanor domestic assault charge if he continues to meet court-ordered conditions. Atkins was arrested last November at his home in Brentwood after his wife Tammy Jo Atkins told police he attacked her and tried to suffocate her with a pillow after a night of drinking. A Tennessee judge on Wednesday, Feb. 8, 2012, agreed to retire the charge, meaning it will be removed from Atkins' record if he stays out of trouble for 11 months and 29 days and completes 30 hours of community service. (AP Photo/Evan Agostini, file)

By CHRIS TALBOTT, The Associated Press Updated 4:46 PM Wednesday, February 8, 2012

NASHVILLE, Tenn. — Country music singer Rodney Atkins will not be prosecuted on a misdemeanor domestic assault charge if he continues to meet court-ordered conditions.

Atkins was arrested last November at his home in Brentwood after his wife Tammy Jo Atkins told police he attacked her and tried to suffocate her with a pillow after a night of drinking.

A Tennessee judge on Wednesday agreed to retire the charge, meaning it will be removed from Atkins' record if he stays out of trouble for 11 months and 29 days and completes 30 hours of community service.

Attorney Rose Palermo says Atkins passed court-ordered anger management, drug and alcohol evaluations. He did not admit any guilt as part of the deal.

The platinum-selling singer, known for No. 1 hits "If You're Going Through Hell (Before the Devil Even Knows)" and "Take a Back Road," and his wife are divorcing. Atkins said in a statement last December that his wife's accusations against him led to the divorce. Palermo says the couple is currently sharing custody of their son, Elijah, and they are working on the details of the custody agreement and divorce.

Tammy Jo Atkins told police in November the couple had been arguing all night and that her husband was drinking. She claimed he tried to smother her with a pillow during the night and then in the morning grabbed her face and shoved. She said the alleged assault happened in front of their son and caused her to fear for her safety.

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Online:

http://www.rodneyatkins.com

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February 08, 2012 09:44 PM EST

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