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Monday, July 14, 1997

DA drops assault case against Michael Irvin

By RICHARD COLE Associated Press Writer

SAN FRANCISCO (AP) - Prosecutors said Monday they will not file assault charges against Dallas Cowboys wide receiver Michael Irvin over an incident at a San Francisco nightclub last month.

"The DA's office has reviewed all the evidence presented to us by the police department and we are declining prosecution," said Assistant District Attorney Chuck Haines.

He said the case came down to Irvin's word against the complainant, Aaron Waller, 31, who told police the All-Pro receiver punched him and held him captive in a club basement after a dispute over a cellular phone.

"There is not enough evidence to prosecute the case," Haines said.

Prosecution could have been a serious blow for Irvin, 31, who is on probation for cocaine possession in Texas.

Irvin, who could have faced kidnapping and battery charges, strenuously denied the accusation at a news conference last month in Dallas after the complaint was made public.

"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."

The incident that led to the complaint occurred June 1, but Waller did not file charges until almost two weeks later. He said he wanted to confer with his attorneys.

Haines said Monday that Waller had not withdrawn the complaint, and he knew of no agreement between Waller and Irvin.

Waller told San Francisco police 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.

Irvin later allowed Waller to use his limousine to take his companions to the 1015 Folsom club, but Irvin did not accompany them.

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

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

The complaint said Irvin refused to let Waller leave, and punched him in the chest, and stated that "Irvin appeared to be 'wacked-out' (sic) on drugs and alcohol."

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

Cowboys spokesman Rich Dalrymple said Monday the organization would have no comment on the prosecutors' decision. Irvin's attorney, Peter Ginsburg of Washington, D.C., also declined comment.

Last year Irvin 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.