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Cincinnati police refile misdemeanor menacing charge from January incident against NFL’s Joe Mixon

<i>Sam Greene/The Enquirer/USA Today Network</i><br/>Cincinnati Bengals running back Joe Mixon throws passes with fans during warmups before the NFL divisional playoff game between the Bengals and the Buffalo Bills on January 22 at Highmark Stadium in Orchard Park
Sam Greene/The Enquirer / USA TO
Sam Greene/The Enquirer/USA Today Network
Cincinnati Bengals running back Joe Mixon throws passes with fans during warmups before the NFL divisional playoff game between the Bengals and the Buffalo Bills on January 22 at Highmark Stadium in Orchard Park

By Sara Smart, CNN

The Cincinnati Police Department has refiled a criminal charge against Bengals running back Joe Mixon from an incident that happened in January.

The charge comes from a January 21 incident in Hamilton County when Mixon allegedly pointed a gun at someone and said, “You should be popped in the face. I should shoot you, the police can’t get me,” according to an affidavit filed in February in Hamilton County Municipal Court.

Mixon will face a charge of aggravated menacing, a first-degree misdemeanor, according to a news release from the police department.

The case was previously dismissed by a judge on February 3, according to court documents. The refiling of the charge comes from “the discovery of new evidence during the investigative process,” police said.

Mixon is set for a court hearing on April 19. CNN has reached out to Mixon’s agent for comment.

Bengals officials said in a statement they are aware of the charges.

“The Club is monitoring the situation and will not comment further at this time,” they said.

Mixon has played six seasons for the Bengals, having gained 5,378 yards rushing and scoring 50 touchdowns in 80 games. He has been selected for the Pro Bowl once.

The alleged incident happened one day before the Bengals defeated the Buffalo Bills 27-10 in Orchard Park, New York, on January 22.

The Bengals made it to the AFC Championship game the next week, losing to the eventual Super Bowl champions Kansas City Chiefs 23-20.

While at the University of Oklahoma, Mixon was suspended for one season after taking an Alford plea — when a defendant doesn’t admit guilt but acknowledges the prosecution has enough evidence for a conviction — in a 2014 case in which he was accused of punching a woman.

According to KFOR, Mixon received a one-year deferred sentence, meaning he didn’t serve any time. He also was sentenced to 100 hours of community service, ordered to undergo counseling and faced roughly $1,200 in fines.

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