NASHVILLE, Tenn. —  Country singer Chris Cagle has been found not guilty of domestic violence after his girlfriend refused to testify against him.

Cagle and Jennifer Tant were both charged with domestic violence after police said they got into a drunken fight May 28.

Tant invoked her Fifth Amendment right not to incriminate herself Thursday in Davidson County General Sessions Court. Her case was dismissed after prosecutors chose not to go forward.

Cagle, 39, declined to comment after the verdict. His attorney, Bill Ramsey, said in a statement that the charge never should have been brought.

Cagle is still scheduled to stand trial Sept. 23 in Tucson, Ariz., on a misdemeanor assault charge. He is accused of striking a man after a benefit concert.