SAN DIEGO -- The case against San Diego Chargers linebacker Shawne Merriman has been handed over to the San Diego County District Attorney's Office, 10News reported.

Officials at the San Diego County Sheriff's department said they did not have any comment as it is currently an open investigation. The sheriff's department turned over its findings to the district attorney's office on Wednesday, and the district attorney's office will review them to decide if charges should be filed.

10News learned emergency documents were turned over with the consent of the patients to the sheriff's department. The documents show the treatment and evaluation of the patient, according to Andy Hoang of Palomar Pomerado Health.

Spokesman Paul Levikow said the DA's office can reject the accusations, or can refer them to the San Diego City Attorney's Office for consideration as misdemeanors.

The attorney representing reality TV star and model Tila Nguyen is disputing Merriman's claim that she was drunk when the linebacker allegedly choked her and held her against her will in his Poway home.

Attorney Alan S. Gutman issued a statement Tuesday, saying Merriam's comments since the incident early Sunday morning are nothing more than "calculated spin to cover up his illegal and indefensible actions."

Gutman represents Nguyen, who is better known as Tila Tequila.

Merriman, 25, was arrested Sunday at his Poway home after Nguyen signed a citizen's arrest complaint of battery and false imprisonment. Merriman has since said Nguyen was drunk and he was only trying to keep her until safe transportation could be provided.

Merriman's ex-girlfriend Gloria Velez told the entertainment Web site TMZ.com that she doesn't believe the linebacker choked Nguyen. Velez said Merriman never laid a hand on her during their four-year relationship, and it would be "out of his character" to violently lash out at a woman.

The San Diego County Sheriff's Department released Merriman within three hours of his arrest. It will be up to the San Diego County District Attorney's Office to decide whether charges will be filed, a sheriff's spokeswoman said.

The 25-year-old, 270-pound Charger and the 27-year-old, 93-pound reality star were dating, and had partied at Stingaree nightclub in the Gaslamp District prior to the incident.

Prior to her attorney's statement, Nguyen posted a Twitter message stating she doesn't drink because she is allergic to alcohol.

However, sheriff's spokeswoman Jan Caldwell said "there was alcohol involved, definitely on the part of Ms. Nyugen." She was taken to Pomerado Hospital for treatment of injuries that were "not serious," according to Caldwell.

Merriman is expected to play when the Chargers begin the 2009 regular season Sept. 14 in a nationally televised game at Oakland.