Charge against Manning dropped

Former UCLA cornerback may file civil lawsuit against alleged victims

Hannah Gordon
Published: Thursday, May 8, 2003

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.