A Charlotte County Sheriff’s deputy resigned last week after he allegedly kicked his live-in girlfriend in the mouth following an argument, according to an internal CCSO investigation.

Russell Jon Uebelacker, 44, of Fort Myers, was charged with one count of battery in connection with the incident, which took place Sept. 22 at his south Fort Myers home. Internal affairs investigators found that Uebelacker violated the Sheriff’s Office’s operations manual after a “preponderance” of evidence pointed to him committing the act of battery, the report states, although Uebelacker had not been found guilty in a court of law.