Trial date set for boxer Floyd Mayweather Jr. in Las Vegas scuffle

By Dave Toplikar

Published Wednesday, Dec. 8, 2010 | 8:56 a.m.

Updated Wednesday, Dec. 8, 2010 | 9:53 a.m.

Boxer Floyd Mayweather Jr. will remain free pending a Feb. 3 trial date on a misdemeanor battery charge stemming from a confrontation with a security guard last month outside Mayweather's Southern Highlands home in the Las Vegas Valley.

A Las Vegas judge this morning decided to quash an arrest warrant on a misdemeanor battery charge for Mayweather that could have led to jail time for the undefeated fighter and thrown a crimp into any future plans for a bout with his main ring rival, Manny Pacquiao.

The 33-year-old Mayweather was out of town and didn't appear with his lawyer for a brief hearing this morning in Las Vegas Justice Court.

The Clark County District Attorney's office had filed a warrant for Mayweather's arrest on a battery charge that accused him of poking his finger in the face of a homeowner's association security guard during an argument last month.

Prosecutors allege willful and unlawful use of force and were expecting to ask for $10,000 bail on the charge.

But Justice of the Peace Tony Abbatangelo elected not to sign the arrest warrant during today's relatively short hearing in Las Vegas Justice Court.

Abbatangelo instead ordered that Mayweather remain out of custody on his own recognizance and set a trial date of 9 a.m. Feb 3 for the misdemeanor charge .

The fighter had already been free on $33,000 bail pending a Jan. 24 court appearance on unrelated felony coercion, grand larceny and robbery charges stemming from a Sept. 9 dispute with the mother of his children. He could face up to 34 years in prison if convicted of those charges.

The Nov. 15 misdemeanor charge alleged that Mayweather "repeatedly" jabbed homeowner association security guard Shayne Smith in the cheek after Smith wrote parking violations for two vehicles outside Mayweather's house.

"Your honor, these are very unusual allegations that are being made and Mr. Mayweather denies these allegations," Mayweather's attorney, Karen Winckler said, asking that a trial date be set.

Abbatangelo said he was going to take the "practical approach" to the matter. State law says if you're out on bail and you pick up a new charge, the original bail can be revoked and the person has to go to jail, he said.

"Not that I'm condoning this behavior — you're innocent until proven guilty. In theory, the procedure would be to sign the arrest warrant," the judge said.

However, the "bigger fight" is the district attorney's felony case against Mayweather, he said.

Abbatangelo said if the latest case was a felony, he would take a different approach, no matter if it "were Mr. Mayweather or Mr. Smith who nobody has heard of."

But because it was a misdemeanor, he said he would take the approach he normally takes. So he decided not to sign the warrant for Mayweather's arrest and set an "own recognizance" bail on the charge.

Outside the courtroom, Deputy District Attorney Brad Turner said the judge indicated that Mayweather's custody status would have to be addressed in district court on the felony charge.

Turner had told Abbatangelo that it was appropriate in the situation to arrest Mayweather and set bail.

Asked if it was uncommon for someone who was already out on bail for a felony to be given an OR bail after getting into trouble on a misdemeanor, Turner said "each case is different."

"I really don't want to second-guess the court's decision," Turner said. "We had our position. But obviously, he thought otherwise."

According to an arrest report obtained by the Associated Press, Mayweather was "verbally abusive" as he stood in the road, blocking Smith from leaving a cul-de-sac while "lambasting" Smith for ticketing his vehicles.

Mayweather is accused of removing a parking sticker from one of his cars and slapping it on Smith's security patrol vehicle before the fingertip confrontation.

Police photographed what the report calls redness and discoloration on Smith's face below the left eye. The report does not say if Smith was treated by a doctor or taken to a hospital.

A Las Vegas police sergeant reported that Mayweather refused to come outside his house to speak with investigating officers.

— Ken Ritter, Associated Press, contributed to this story