Charge dropped against Markeith Loyd

ORLANDO, Fla. (WOFL FOX 35) - Orlando Police said helicopter video of Markeith Loyd's capture shows him resisting arrest, by refusing repeated commands to put his hands in the air.   Loyd was charged with resisting arrest without violence following his apprehension. 

Now, with a one-page document quietly slipped into the court file, State Attorney Brad King and his team have decided they will not prosecute Loyd on that charge.  What does it mean? 

"It's not saying one way or another whether Markeith Loyd actually resisted an officer," said criminal defense attorney and legal analyst Whitney Boan.  "It's just saying we're not going to spend our resources and time going after a first degree misdemeanor where the max time Markeith Loyd would get would be a year in jail." 

That mirrors what state prosecutors wrote in their filing which reads "prosecution of this misdemeanor is not warranted." 

The next big question: what does this mean for the police officers seen kicking Loyd in the face after he crawled out of the home he'd been holed up in?  Loyd's face was  left bloodied and swollen.  He has said in court repeatedly that he lost an eye that night; his family is claiming police brutality. 

"This is about whether or not Markeith Loyd resisted an officer without violence.  It's not about whether Markeith Loyd was a victim of unlawful use of force. He's the defendant in the criminal case, or was. State dropped it so now he's not," Boan explained. 

Orlando Police say their use of force investigation into what happened that night is still ongoing.  FOX 35 reached out to Loyd's attorney, Roger Weeden for comment.  He has not yet responded.