Rashee Rice's Accuser Does Not Have Authority To Drop Charges, Contradicting NFL Media Report

A report from NFL Media on Monday stated that the photographer who accused Rashee Rice of assaulting him earlier this month has "dropped the charges" against the Chiefs wide receiver.

"There was also a recent accusation by a photographer about him assaulting the photographer on his way out of the club. I can actually tell you the photographer recently dropped those charges. He gave an affidavit to the Dallas police department saying it was a misunderstanding and wants the charges dropped," reported NFL Media's Tom Pelissero.

For background, the photographer claimed Rice punched him at the Lit Kitchen nightclub in Dallas on May 5. A subsequent police report described the photographer as having a "swollen jaw" when he checked into the hospital that night.

So, the report from Pelissero seemed to be a surprising turn of events in a positive direction for Rice. Several Chiefs reporters and fans took the news to mean Rice is innocent, and the assault allegation is in his past. 

"The photographer has reportedly dropped all charges against Rashee Rice … which means he made it all up! Time to get back to playing football," posted Brad Henson Productions, an influential video editor, on X.

". @TomPelissero had some positive Rashee Rice news to share on Monday evening," Arrowhead Pride editor-in-chief Pete Sweeney added in a tweet.

Not quite. Err, not so fast.

Kansas City Chiefs wide receiver Rashee Rice was driving nearly 120 miles per hour seconds before a crash last month in Dallas, according to his arrest affidavit.

The verbiage from Pelissero's report is not accurate. It's misleading.

First, the police never charged Rice with assault. As of publication, Rice is only the subject of an assault investigation.

Second, victims do not bring or drop criminal charges. Prosecuting attorneys do.

OutKick friend and frequent Fox News contributor Lexie Rigden, a criminal defensive another in New Jersey, elaborated:

"A victim has no authority to drop charges against Rashee Rice. Only the State does. The victim’s wishes will be considered in terms of going forward with the prosecution, but if the assault is on video, they wouldn’t even necessarily need the victim to testify or cooperate."

In short, Rice's accuser asked the state to drop its investigation. The photographer did not "drop the charges" against Rice. There were no charges to drop. And, even if there were, the accuser would not have the authority to drop those charges.

Rigden adds that while police will likely consider the victim's retraction, the evidence or lack thereof will ultimately determine whether the case is dropped. 

"In many cases, a victim will request charges get dropped and they will be. But they don’t have to be, and they certainly aren’t always. It depends on a lot of other factors and the victim has no authority to stop a prosecution," Rigden added in a follow-up post on X. 

"I have personally handled cases where a victim wants charges dropped and the state won’t do it."

The key here is the possibility of a video.

If there's a video of Rice punching the photographer, as the accuser initially claimed, the state is likely to move forward with the investigation and bring charges against Rice. 

The owner of the nightclub released security footage last week of the accuser leaving the club the night of the once-alleged incident. But as we explained, the timestamp attached to the footage suggests the video was captured before Rice allegedly assaulted the man – and thus the footage is insignificant to the allegations.

LAS VEGAS, NEVADA - FEBRUARY 11: Rashee Rice #4 of the Kansas City Chiefs warms up before Super Bowl LVIII against the Kansas City Chiefs at Allegiant Stadium on February 11, 2024 in Las Vegas, Nevada. (Photo by Jamie Squire/Getty Images)

Legally, not much has changed for Rice as it pertains to the nightclub investigation. The investigation is ongoing. 

Still, the NFL is likely to consider the nightclub allegations when disciplining Rice. 

A player does not have to be charged or convicted of a crime for the NFL to act under Personal Conduct, which allows the league to punish players for conduct "detrimental to the league."

Whether Rice punched a photographer or not, he put himself in a situation where he was accused of assault five weeks after he was arrested on eight felony charges concerning a hit-and-run accident while drag-racing his Lamborghini at 119 mph on a Dallas highway. 

The league's Personal Conduct policy states that "[p]layers with a prior history of misconduct, including misconduct occurring prior to their association with the NFL, will be subject to enhanced and/or expedited discipline."

Already, longtime NFL reporter James Palmer says the Chiefs are bracing for the league to suspend Rice for "at least half a season" based on the drag racing charges alone.

Further, multiple outlets recently reported on an undisclosed incident in which Rice and/or one of his friends allegedly fired multiple bullets into an empty vehicle while attending SMU. 

The NFL can consider that allegation, as well.

Yikes.

And people think Harrison Butker's commencement address is the Chiefs' biggest concern heading into the season.…