The on-again, off-again criminal prosecution of a Santa Fe firefighter charged with battering a homeless man suspected of theft is off again.

Deputy District Attorney Gina Manfredi wrote in dismissal documents filed Tuesday the state can't prosecute firefighter Brian Kennedy while simultaneously prosecuting David Bonaventura — who is accused of stealing credit cards, a laptop and camera from Kennedy's wife — because each man is the victim in the case against the other.

"Since neither case can be proven without the testimony of the Defendant in the other case; and because each Defendant has a constitutional right against self-incrimination, the State must prioritize the prosecution of only one case," Manfredi wrote.

Bonaventure is a "prolific offender whose multiple arrests this year are

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