ATLANTA -- The man charged in the beating of celebrity fitness trainer Darius Miller more than a year ago committed suicide on Christmas Day, the man’s attorney, Bruce Harvey confirmed.

Apollo Holmes, 25, was charged with criminal intent to commit murder, aggravated assault and aggravated battery in the Dec. 26, 2007, beating of Miller, which took place in the parking lot outside an Atlanta nightclub. Miller was reportedly trying to shield two of Atlanta Mayor Shirley Franklin’s daughters from several men trying to videotape them.

Holmes, who was indicted on Oct. 10, 2008, was scheduled to appear in court on Jan. 22 for a motions hearing, according to Yvette Brown, the director of public affairs for the Office of the Fulton County (GA) District Attorney.

“I guess the length of time between the event itself, and the formal legal charges was a heavy burden for Apollo and his family,” Harvey says. “I do know that Apollo consistently maintained his innocence, was anxious to move forward with the case and finally have his day in court.”

Miller remains in a persistent coma from the attack, according to both Brown and Harvey.

“What could be a bigger tragedy than one young man in a persistent coma, and one young man who takes his own life?” Harvey says. “Life itself is difficult enough for all the families, yet to endure the heartache of more loss of young life seems extraordinarily cruel.”

The case involving Holmes has been dismissed, Brown says, and police continue to investigate the attack.