The St. Petersburg Police Department has delivered a complaint against Phillies‘ reliever J.C. Romero following an incident last week with a fan. It is now up to the Pinellas-Pasco State Attorney’s office to determine whether or not to charge Romero with batery.

The complaint stems from an incident between Romero and a fan following last Thursday night’s Phillies – Rays game at Tropicana FIeld. The fan, Robert Eaton, and Romero exchanged words after Romero allegedly declined to sign an autograph. Eaton allegedly made disparaging remarks to Romero concerning his 50 game suspension for banned substances. Romero then allegedly grabbed Eaton by the neck and struck him.

“Remember, this is a simple battery,” St. Petersburg Police spokesman George Kajtsa said. “No weapon was used. There were no injuries to the victim whatsoever, except as he says in the report he was embarrassed because it happened in front of other fans and his family. … This is a very minor incident so the state’s attorney will probably concentrate on more serious matters, but it will be up to the state’s attorney to make the determination.”

Romero has remained with the team despite the pending legal action.