san diego
DA dismisses case against Chargers LB Merriman
Accused of choking, throwing Tequila to ground as she tried to leave his Poway home
Published Thursday, 17-Sep-2009 in issue 1134
Attorney Bonnie Dumanis on Friday dismissed reality TV star Tila Tequila’s accusations that San Diego Chargers linebacker Shawne Merriman choked her and threw her to the ground early Sept. 6, while she was trying to leave his suburban home.
Merriman was arrested after Tequila signed a citizen’s arrest warrant accusing Merriman of battery and false imprisonment. Both are felonies.
Dumanis decided not to charge Merriman after her office spent three days reviewing reports from the San Diego County Sheriff’s Department.
“After a thorough review of the investigation into the Sept. 6, 2009, incident at the Poway home of Shawne Merriman, our office has determined there is insufficient evidence to prove beyond a reasonable doubt that any crime was committed,” Dumanis said in a statement. “This case is now closed. No further comment will be made.”
Dumanis’ statement was released moments after the Chargers concluded practice. Informed by reporters that he wouldn’t be charged, Merriman said he couldn’t comment until after he’d spoken with his lawyers.
A few hours later, he released a statement that read in part:
“I want to express my appreciation and gratitude to the San Diego County Sheriff’s Department and the District Attorney’s office for carefully reviewing the evidence and not rushing to judgment on these serious allegations. I also appreciate the objectiveness expressed by the San Diego Charges ownership and management, my teammates, my friends and especially all the fans. I look forward to continuing to stay focused on my career goals: a great season of football and the success of the San Diego Chargers.”
In a statement, Chargers general manager A.J. Smith said: “It’s really good news for Shawne. We’re happy things worked out for him on the legal front.”
Smith didn’t return a call seeking further comment.
The incident came to light as the Chargers prepared for their season opener Monday night at Oakland. It was Merriman’s first game back since having knee surgery after the 2008 season opener.
Tequila, whose real name is Tila Nguyen, is best known for “A Shot at Love with Tila Tequila,” which ran for two seasons on MTV. The bisexual dating show featured men and women vying for Tequila’s affections. She has also modeled for Playboy and other men’s magazines.
Merriman said he was trying to keep Tequila from leaving his home because she appeared to be intoxicated and denied harming her.
Tequila’s attorney, Alan Gutman, called Merriman’s explanation “spin” and predicted it would be discredited, saying the 6-foot-4, 265-pound linebacker “brutally” assaulted his client.
Gutman did not return calls seeking comment.
Merriman said he was limited in what he could say. He kept referring to a statement issued through his attorney.
“At the time, I was concerned about her welfare given the intoxicated state she appeared to be in and I encouraged her to stay until safe transportation could be provided,” Merriman said in the statement. “We would all do our best to help a friend if we considered their actions to be detrimental to their personal safety.
“I in no way caused any harm to Ms. Nguyen, however, paramedics were called and she was examined but no injuries were reported,” the statement continued.
“It’s kind of a tough situation where you think you’re doing the right thing,” Merriman said. “I’m glad that everyone was safe at the end of the day. I don’t think I will regret that part.”
Asked if he threw Tequila to the ground, the 6-foot-4, 265-pound Merriman said: “No. I can’t talk about any of that stuff.”
Scott E. Leemon, an attorney for Tequila, didn’t respond to an e-mail asking for comment on Merriman’s statement.
Also Monday, the owner of a downtown club where Merriman and Tequila attended a party Saturday night said his staff told him Tequila had been drinking and it appeared Merriman had ordered only bottled water.
“I feel sorry for the guy and I think the truth needs to be told,” said James Brennan, who owns Stingaree, one of the city’s top hangouts for celebrities.
Brennan said he normally wouldn’t comment, but felt he should after seeing Tequila’s tweet in which she said she’s allergic to alcohol.
“It sounds like she’s allergic to the truth,” Brennan told The Associated Press.
Brennan said he was not at the club Saturday night, but had spoken with every employee who dealt with Tequila and Merriman. Brennan said he was told she had shots of tequila and drank from a bottle of vodka. Brennan said Tequila requested that his brother, Shane, a manager at Stingaree, have a shot of tequila with her.
“She wasn’t like falling down or anything of that nature, but she was visibly intoxicated,” Brennan said.
In a tweet Sunday, Tequila said: “I am allergic to alcohol. It has been publicly known for years. That is how I got the name Tila “Tequila” cuz the irony. I cant drink.”
Merriman said he met Monday morning with team president Dean Spanos and coach Norv Turner.
“They’re just all supportive, hopefully that we can move on from the situation as soon as possible,” Merriman said.
Merriman said he did not meet with general manager A.J. Smith.
Smith is believed to be unhappy with Merriman’s various off-field activities. There’s been speculation the Chargers will Merriman leave when he’s eligible to become an unrestricted free agent.
Merriman is one of the NFL’s hardest-hitting players. Nicknamed “Lights Out” for his savage hits, he has a tattoo of a switch on one of his forearms that he pretends to flip while doing his spasmodic sack dance.
He had 391/2 sacks in his first three seasons. The three-time Pro Bowl selection has been getting back into shape after having season-ending knee surgery following the 2008 opener.
Merriman was suspended four games for testing positive for steroids in 2006, his second NFL season.
Star running back LaDainian Tomlinson said Merriman sought advice from key teammates. Tomlinson also said Turner addressed the team.
“He wanted us to continue to think about places we’ll be, what time we’re there and who we’re around,” Tomlinson said. “Those are the things we can control. That was kind of his point.”
Turner refused to say what he said to the team. Smith didn’t return a call seeking comment and a team spokesman said Spanos wasn’t going to comment.
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