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Friday, June 13, 1997

Cowboy's Irvin denies assault in San Francisco club

By RICHARD COLE Associated Press Writer

SAN FRANCISCO (AP) - Dallas Cowboys wide receiver Michael Irvin denied Friday that he assaulted a man in a San Francisco club and said he is willing to discuss the case with police.

San Francisco police spokesman Jim Leach confirmed Irvin was named in a complaint filed Thursday by a man who said the All-Pro receiver punched him and held him captive in a club basement.

"There was a complaint filed," Leach said. "The person said they were assaulted and sustained minor injuries. Investigators are in the process of contacting witnesses."

Irvin, 31, on probation for cocaine possession in Texas, allegedly forced Aaron Waller, 30, into the basement of the 1015 Folsom club, hit him on the chest and refused to release him until security guards arrived, according to a police report.

In a brief news conference in Dallas, Irvin and his attorney, Royce West, denied that account.

"No, there was no exchange. I did ask an individual if he took my phone," Irvin said. "Kill me today God if I'm lying."

"There was no licks exchanged, no anything," West added.

Waller said the incident occurred June 1, but he waited until Thursday to report it because he wanted to discuss the case with his attorney.

Waller said he was accompanied by two strippers, identified only as Angela and Joanne, when he met Irvin and another man at a supper club early on the morning of June 1, said the report written by officer Daniel Murphy.

"Is that your girl, dog?" Waller quoted Irvin as saying to him while looking at Angela.

The football player later allowed Waller to use his limousine to take his companions to the 1015 Folsom club. Irvin did not accompany them.

When the limousine returned, Irvin discovered his cell phone was missing, and came to the club to confront Waller, police said.

Waller's account indicates that when he arrived at the club, Irvin was accompanied by a man described as 6 feet 5 inches tall and weighing 265 pounds. Waller denied taking the phone and an argument ensued "where Irvin and the other subject dragged Waller to the basement."

The police report continues: "There, the unidentified subject took off his rings, watch and chains, and started to push Waller around. Irvin took off his jacket, unbuttoned his vest and got into Waller's face and started screaming at him.

"On one occasion, Irvin struck Waller in the chest with a closed fist. Waller stated that Irvin appeared to be 'wacked-out' (sic) on drugs and alcohol."

Irvin said the limousine driver pointed to the man he had allowed in the vehicle, but when the man denied having the missing phone, Irvin walked off.

Irvin said he doesn't know Waller, so he doesn't know who he confronted.

Dallas Cowboys spokesman Doug Hood said he had little information about the alleged incident, but that it would be inappropriate for the team to get involved at this time.

"At this point it's a legal matter and so it's not something that we would get involved with until the entire process has run its course," he said. "And at that time when we know the validity of it and the circumstances and what has resulted from the legal aspect ... we would look into whatever actions we would need to take."

Murphy said officers are investigating possible charges of false imprisonment, battery and kidnapping. Irvin has not been arrested or charged, but investigators would like to interview him.

Witnesses at the scene identified Irvin, Murphy said.

The alleged incident occurred the day before Irvin was due at a Cowboys minicamp.

Irvin never showed up, and later told reporters he was considering quitting football, giving up the $5.5 million he's due this year.

Fifteen months ago, the All-Pro receiver was found in a hotel room with two topless dancers and drugs. He later pleaded no contest to a felony cocaine possession charge and is serving 800 hours of community service as part of his probation.

He also was fined $10,000, and the NFL suspended him for five games last season.

In December, topless dancer Nina Shahravan accused Irvin of holding a gun on her while teammate Erik Williams raped her. No charges were filed. The woman later recanted and now faces perjury charges. Williams and Irvin have sued the Dallas police and the television station that first reported the woman's allegations.

A chuckling Irvin seemed more like his old self Friday than the man who announced last week that he was worn out and lacked the energy for football. He told reporters that people can invent stories about him no matter where he goes.

"It's not about me just being places. Because I still - no matter how hard you make it - was not at Erik's house," he said, referring to Ms. Shahravan's allegations. "Everybody knows what happened with that. How that went around. So let's not just say, 'Well, Michael, stay home and don't do anything, lock himself in his room, nothing will happen,' y'all know that's not reality."

Irvin and West likened Waller's story to Ms. Shahravan's.

"This is the same (modus operandi)," West said. "Michael was not involved in this incident."