Cervantes is the victim-rights advocate for the district attorney's office. She was arrested in September on allegations stemming from a fight with her boyfriend, Ben Garcia, but, as was previously reported, said she was defending herself from him.
Garcia's case is still pending. He was charged with false imprisonment and telephone obstruction, as acts of domestic violence.
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"It sounded more as though she was the victim," Miller said, calling evidence of any harassment "minimal."
As was previously reported, Miller had last month indicated he would likely dismiss the case.
Thursday, Judge John Mitchel asked Miller to explain a section of the sheriff's affidavit, in which Garcia claimed Cervantes had thrown CDs at him.
Miller said it appeared as though Garcia was following Cervantes through their house and that she was throwing things at him so she could get away.
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