The Dallas County DA is investigating Johnny Manziel's social media posts to see if he violated the terms of his recent deal to avoid jail time for his domestic violence case.
The former NFL quarterback posted from a Miami nightclub on New Year's Day. His ex-girlfriend posted she was also at the club, and that would violate the terms of the deal.
It’s only been about a month since Manziel reached an agreement with the Dallas County prosecutors that could result in the charges against him being dismissed. But his exploits on New Year’s Day in Miami could result in DA’s pulling the deal.
The Heisman trophy winner posted on Snapchat his displeasure that former girlfriend and alleged victim in his misdemeanor domestic violence case was also at the same club.
"She knows liv on Sunday is church! Pfff. Surprised she was even able to get in without me," Manziel posted on Snapchat before he deleted it.
Under Manziel's conditional dismissal agreement to avoid prosecution and a possible sentence of a year in jail, he must complete anger management course, attend domestic violence victim impact panel, comply with NFL policy on substance abuse and have no contact with his ex-girlfriend.
Brittany Dunn, spokeswoman for the Dallas County District Attorney's Office, confirmed the DA is looking at whether Manziel is still compliant or has violated the agreement. She said, "prosecutors are meeting with the judge today on that."
Pete Schulte is a Dallas Attorney with no involvement in this case but has had several clients with similar agreements.
"The judge is going to oversee the case progression. But when it comes down to the dismissal agreement, that's all about the state of Texas,” Schulte said. “The DA's office controls all the cards. If they decide they're going to break the agreement and Mr. Manziel is going to have to fight the case in court, it is solely up to them."
Manziel's problems stem from a January 2016 incident that started at Dallas Hotel Zaza after an argument over another woman.
The ex-girlfriend said Manziel threw her on a bed and hit her hard enough to rupture her eardrum. In his car on the way to Fort Worth, the woman alleged Manziel said he would kill himself and later threatened to kill her.
Manziel's is due back in court on January 12 for a previously scheduled hearing on his conditional dismissal agreement.
Pete Schulte says that if, as Manziel claims, he didn't know the ex-girlfriend was going to be in the nightclub on Sunday, he may avoid having the dismissal agreement revoked.
"You can't hold somebody responsible on a no-contact provision if somebody else shows up and tries to put you in that spot, so he should be fine,” Schulte said. “But that's what they're going to have to show."
Manziel has a year to complete the terms of his dismissal agreement, and Schulte says that's pretty typical. What's not typical is for a defendant to violate the conditions. Schulte says that almost never happens.
Calls for comment from Manziel or his ex-girlfriend’s attorneys have not been returned.