Nacho Average Nurse Dispute

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Summary

A Port St. Lucie domestic battery case that began with late-night nachos ended with a no-contest plea and a domestic violence diversion agreement. Allyson Christine Swan, a 39-year-old nurse, was arrested after police said a 3 a.m. dispute with her wife escalated from comments about food and weight into a physical confrontation involving cheesy nachos and alleged violence.

The incident occurred in the early morning hours of May 3, 2025, at the couple’s Port St. Lucie residence. The existing Crime Report article listed the date as March 5, 2025, but the underlying arrest reporting places the incident on May 3. The Smoking Gun, The Advocate and Metro Weekly all reported that police responded around 3 a.m. after a friend of the victim called 911 while listening through an open phone line.

According to the police account summarized by The Smoking Gun, Swan’s wife, a 40-year-old woman who was also described as a registered nurse, was making nachos with nacho cheese in the kitchen while Swan had been playing video games in the living room. Police said Swan criticized the victim for eating late and made a comment about her weight. The argument that followed allegedly turned physical.

Police said Swan walked into the kitchen, grabbed a handful of cheesy nachos and shoved them down the back of the victim’s leggings. The food detail gave the case its viral headline, but the rest of the police narrative was more serious. Investigators said the victim later tried to change her clothes, and Swan allegedly dragged her to the floor, put her fingers into the sides of the victim’s mouth and slammed the victim’s head into the floor multiple times.

The victim told police that Swan made comments during the confrontation about being in charge and about the victim not behaving. The Advocate reported that the victim had called a friend after the nachos were shoved into her pants but before the alleged physical violence escalated. The friend then called police after hearing the confrontation through the open line.

When Port St. Lucie officers arrived, Swan denied that a physical altercation had happened. According to The Smoking Gun, she claimed the victim had been in a drunken rage, had thrown the plate of nachos and had rolled around in the cheese. Investigators said the physical evidence did not match that version. Officers found yellow smears resembling nacho cheese on a wall, and the victim’s leggings had what appeared to be nacho cheese on the interior backside.

Police also said the ceramic plate used for the nachos was intact, which undercut Swan’s reported claim that the victim had thrown the nachos. Officers observed injuries on the victim, including a knot on her forehead and a scratch on her right arm. The Advocate described the forehead injury as a hematoma, which is a pooling of blood under the skin.

Swan was arrested for misdemeanor domestic battery and released after posting $250 bond. As a condition of release, she was ordered to have no contact with the victim and to stay away from the victim’s car, workplace and home, except for a police-accompanied visit to retrieve belongings. Those release conditions reflected the domestic nature of the case and the court’s effort to separate the parties while the case was pending.

The case later moved from an arrest-stage allegation into a confirmed court outcome. The Smoking Gun reported that Swan withdrew her earlier not guilty plea and entered a no-contest plea to battery during a June 2025 change-of-plea hearing. She entered a domestic violence diversion program that can result in dismissal of the misdemeanor case if she successfully completes the court-ordered conditions.

The diversion order required Swan to complete a 29-week batterers intervention program. She was also ordered to pay $875 in court costs. The court barred her from contacting the victim and prohibited her from possessing firearms, ammunition or controlled substances unless lawfully prescribed. The Smoking Gun also reported that Swan filed for divorce from the victim about a week after the May 3 arrest.

Florida Statute 784.03 defines battery as actually and intentionally touching or striking another person against that person’s will, or intentionally causing bodily harm to another person. Simple battery is generally a first-degree misdemeanor unless elevated by prior convictions or other special circumstances. In Swan’s case, the public reporting and court update describe the resolved charge as misdemeanor battery.

The case drew attention because the nacho detail is so unusual that it almost reads like a late-night sketch. But the court record is not about a harmless food fight. Police described injuries, a 911 call, alleged control language, release restrictions and a batterers intervention program. The cheese is the headline garnish. The actual case is a domestic battery matter involving a spouse, a reported injury and court-ordered intervention.

Section 1: The Crime

The reported crime was misdemeanor domestic battery. Police said Swan’s wife was making nachos in the kitchen around 3 a.m. when Swan criticized her for eating late and made a comment about her weight. During the argument, Swan allegedly grabbed a handful of cheesy nachos and shoved them down the back of the victim’s leggings.

The police account also alleged additional physical violence. Swan was accused of dragging the victim to the floor, putting her fingers into the sides of the victim’s mouth and slamming the victim’s head into the floor multiple times. When officers arrived, they documented what appeared to be nacho cheese on the victim’s leggings, yellow smears on a wall, a knot on the victim’s forehead and a scratch on her arm.

Important wording note: The nacho detail is unusual, but the criminal case was treated as a domestic battery matter involving alleged bodily harm and later court-ordered domestic violence intervention.

Section 2: Crime Location

The incident occurred at the couple’s residence in Port St. Lucie, Florida. Public reporting did not require repeating the full home address, and this article avoids doing so. The case was handled in St. Lucie County through the County Court of the Nineteenth Judicial Circuit in and for St. Lucie County, Florida.

Section 3: Date And Time Of Crime

The incident occurred in the early morning hours of May 3, 2025, around 3 a.m. The Smoking Gun’s original report was published on May 7, 2025, and the plea update was published on June 25, 2025.

Correction note: The existing Crime Report page listed March 5, 2025. The underlying source reporting identifies the incident date as May 3, 2025.

Section 4: Police Department

The case was handled by the Port St. Lucie Police Department. The department’s public contact materials list 772-871-5000 for non-emergencies. Emergencies should be reported by calling 911.

Section 5: Suspect Name

The suspect was identified in court materials as Allyson Christine Swan. Public reporting generally referred to her as Allyson Swan. She was described as a nurse from Port St. Lucie, Florida.

Section 6: Suspect Age

Swan was reported to be 39 years old at the time of the arrest and plea reporting.

Section 7: Charges

Swan was charged with misdemeanor battery. Florida Statute 784.03 defines battery as intentionally touching or striking another person against that person’s will, or intentionally causing bodily harm. Simple battery is generally classified as a first-degree misdemeanor unless the case involves circumstances that elevate the charge.

The court case number shown on the domestic violence diversion order was 56-2025-MM-001110-A in the County Court of the Nineteenth Judicial Circuit in and for St. Lucie County, Florida.

Section 8: Bond Amount

The Smoking Gun reported that Swan was released from the county jail after posting $250 bond. As a condition of release after the arrest, she was ordered to have no contact with the victim and stay away from the victim’s car, workplace and home, except for a police-accompanied trip to retrieve personal belongings.

Section 9: Conviction

Swan entered a no-contest plea to misdemeanor battery and entered a domestic violence diversion program. The case is best described as a no-contest plea with diversion conditions, not simply as a traditional final conviction. The Smoking Gun reported that successful completion of the diversion program can result in dismissal of the misdemeanor case.

Section 10: Sentence

Swan was ordered to complete a 29-week batterers intervention program and pay $875 in court costs. She was also barred from contacting the victim and prohibited from possessing firearms, ammunition or controlled substances without a prescription.

Because the case was placed into domestic violence diversion, the key court outcome is compliance with the program. If Swan completes the court-ordered conditions, the misdemeanor case can be dismissed under the diversion arrangement reported by The Smoking Gun.

Section 11: Outcome

The reported outcome was a no-contest plea, assignment to domestic violence diversion, a 29-week batterers intervention program, court costs, no-contact restrictions and possession restrictions. The case did not end with a reported jail sentence. Instead, the court placed Swan on a structured diversion path with dismissal possible if she successfully completes the program.

Section 12: Victim

The victim was Swan’s wife, a 40-year-old woman who was also described as a nurse. She was not publicly named in the reviewed source material, and this article does not identify her. Police said she had a knot on her forehead and a scratch on her right arm after the incident.

Section 13: Victim Name

The victim’s name was not publicly reported in the reviewed sources. Because this was a domestic violence case, this article identifies her only as Swan’s wife.

Section 14: Victim Age

The victim was reported to be 40 years old.

Sources

1. Crime Report: Original Nacho Average Nurse Dispute article page
2. The Smoking Gun: Police: Nurse Battered Her Wife With Cheesy Nachos
3. The Smoking Gun: Nurse Cops Plea Deal Over Cheesy Nachos Battery
4. The Smoking Gun: Domestic violence diversion program order image
5. The Advocate: Florida nurse accused of violent cheesy nachos assault on her wife
6. Metro Weekly: Florida Woman Allegedly Attacked Wife with Cheesy Nachos
7. Florida Legislature: Florida Statute 784.03, Battery
8. Port St. Lucie Police Department: Contact information

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