FAIRFAX CO., Va. (WUSA9) -- The case has been dismissed for a Fairfax County businessman who was accused of beating a cab driver because he was Muslim.
The Clifton man is caught on cell phone calling his driver a terrorist but the video doesn't capture any physical contact and so the Judge dismissed the case.
Mohamed Salim of Great Falls the cab driver is outraged and says he's not going to end his fight for justice
Recorded on cellphone video you can hear Ed Dahlberg say, 'If you don't denounce those f*** terrorist now, I will slice your throat.'
Prosecutors say dark grainy cell phone video shows no evidence of any violence.
Ray Morrogh, Fairfax Co. Commonwealth's Attorney said, "I believe he did not assault; the most is push at the phone."
Mohamed Salim said, "This is outrageous. If this is not a hate crime, God forbid, what's the hate crime so they encourage hate and fear mongering."
Mohamed Salim says Ed Dahlberg went on an anti-Muslim rant, before repeatedly punching Salim who suffered a broken jaw and a concussion.
Fairfax Co. Commonwealth's Attorney Ray Morrogh says there are inconsistencies with Salim's story and timing of the 9-1-1 phone call that don't match up. He says the call came too quickly with no mention that Dahlberg came back to punch Salim.
Morrogh said, "When the complainant comes back and says he was viciously attacked and assaulted and we find that couldn't have happened in our opinion than we can't vouch for his credibility."
Salim says he called between being attacked, that Dahlberg left the cab and returned to strike again.
Salim said, "All the evidence there, medical record is there, phone record video is there and he get away with nothing. Dismissed the case? I'm really disappointed."
Ed Dahlberg who is president of an aircraft business declined to talk but stood with his attorneys.
John Zwerling, Dahlberg's attorney said, "This is all about money and getting publicity against people who speak ill of Muslims including the terrorists."
Salim's attorney who also represents the organization CAIR the Council on American-Islamic Relations says it does not end here. They plan on pursuing a federal hate crime charge and possible civil action.
The Fairfax County Commonwealth's attorney is now looking into possible false report claims by the cab driver.
Dahlberg's lawyers released the following statement:
"The Commonwealth reviewed the evidence and dismissed the charges despite repeated efforts by the Council of American-Islamic Relations to generate media attention and have the matter prosecuted as a hate crime. We and Mr. Dahlberg are relievedthat justice and the facts have prevailed, and that the Commonwealth has dismissed the case based on a lack of evidence."