The criminal case against NHL veteran Milan Lucic was dropped on Friday according to court records obtained by Boston 25. The Boston Bruins forward pleaded not guilty to an assault and battery charge following a Nov. 18, 2023 arrest. His wife Brittany was the victim and made the 911 call, but decided not to testify during the case.

“At this time the Commonwealth cannot prove the charges against the defendant beyond a reasonable doubt without the participation of the victim,” district attorney Kevin Hayden said in a statement. “The victim in this matter is out of state and made clear that she intends to assert a valid privilege not to testify at trial.”

After the prosecution played the 911 call instead of Brittany Lucic's testimony, the defense argued that she “fabricated” the allegations against her husband.

“If she is angry at her husband, she has time to fabricate. This is not something that is happening at the moment,” Lucic's attorney Gary Pelletier said. “She is not calling from the apartment and saying, ‘I am in trouble, please help me my husband is attacking me.’ That’s not what’s going on here. We are talking about something after the fact.”

The judge later ruled that the prosecution did not meet the burden of proof to continue the case.

A 17-year NHL veteran, Milan Lucic appeared in four games for the Bruins this season before being placed on long-term injured reserve with an ankle injury on Oct. 28. After playing the first eight seasons of his career with Boston, Lucic played the next eight seasons with three different teams before returning to the Bruins.

It is unclear whether the Bruins will bring Milan Lucic back this season. Boston is once again a Stanley Cup contender following its record-breaking season in 2022-23.