The case against former UCLA cornerback Ricky Manning on one
count of felony assault was dismissed Wednesday in L.A. Superior
Court.
Judge James Brandlin dropped the charges after prosecutors
requested another postponement, according to Deputy District
Attorney Eugene Hanrahan. Complaining witness Brian Herbert failed
to appear in court twice this week because he is outside the
country caring for his mother.
“I’m relieved that it is over and done with,”
Manning said. “It should have been done with a long time
ago.”
“Obviously, we’re thrilled and certainly not
surprised,” his agent, Jim Ivler, said.
Manning, 22, was arrested Aug. 27, 2002 for a fight that took
place April 24 outside Madison’s Neighborhood Bar & Grill
in Westwood. According to Manning, he tried to quash a disagreement
between a friend of his and one of the alleged victims who
allegedly insulted Manning and his friends.
The alleged victims, Herbert and Seth Spiker, were older,
professional bodybuilders who were intoxicated while waiting for
Manning outside the bar.
According to Manning’s attorney, Danny Davis, the men
attacked Manning, and he defended himself. Herbert first told
police that he was knocked unconscious and did not know who hit
him. Later, he changed his story and said that Manning had punched
him and continued to hit him after he fell down.
Manning was originally charged with two counts of felony
assault, but the charge involving Spiker was eventually dropped.
Manning pleaded innocent to the one count in February.
Hanrahan said he has not decided if he will refile the case.
Manning, meanwhile, may bring a civil lawsuit against Herbert for
assault, battery and defamation and against Spiker for assault and
conspiracy.
Manning was drafted in the third round, No. 82 overall, by the
Carolina Panthers last month. After attending minicamp in Charlotte
over the weekend, he returned to Los Angeles for his court
dates.
“The worst situation is I take a huge loss for the
lawyer’s fees,” he added. Manning may also sue
Madison’s for premises negligence.
“They are responsible for loading up Seth Spiker and Brian
Herbert with cheap beer and then setting them loose on the
community,” Davis said.
The felony assault charge may have affected Manning’s
draft position, Davis said.
“It put a large asterisk next to Ricky Manning’s
name.”
Manning was never suspended for the incident because he
immediately informed then-head coach Bob Toledo. He finished his
senior season as a three-year starter and three-time all-Pac-10
corner.
With reports from the Associated Press.