UFC's Roy Nelson suspended 9 months for ref kick, can reduce it with public apology

Brazil’s Superior Justice Court of MMA sent the message that it took very seriously Roy Nelson’s post-fight kick of referee John McCarthy earlier this year at UFC Fight Night 95.

The court ruled that Nelson (21-13 MMA, 9-9 UFC) is suspended nine months for kicking and flipping off McCarthy following a knockout win over Antonio Silva (19-10-1 MMA, 3-7-1 UFC) at the Sept. 26 event in Brasilia, Brazil.

Nelson, the No. 14 fighter in the USA TODAY Sports/MMAjunkie MMA heavyweight rankings, also was fined $80,000 Brazilian real, which amounts to approximately $23,413, according to a Nov. 10 decision obtained today by MMAjunkie (read the decision via .pdf) and first reported by MMAFighting.com.

In a bold and unusual declaration, the court qualified that Nelson’s punishment could be significantly reduced with a public apology, and it offfered to cut his fine nearly in half and reduce his suspension by three months.

But it added that the reduction “will occur only if the producer (UFC) authorizes the reported athlete to make the formal apology within the octagon or at a press conference by (Dec. 31) and preferably in the presence of the offended referee (John McCarthy),” court president Marcelo Sedlmayer Jorge stated in the decision.

Nelson and McCarthy weren’t immediately reachable for comment, and the UFC did not respond to an email requesting clarification on the fighter’s status.

The decision was forwarded to Brazil’s MMA commission, or CABMMA, which oversees all UFC events held in the country. As an associate member of the Association of Boxing Commissions (ABC), the regulatory body can note the decision in the ABC’s administrative database, effectively barring Nelson from fighting for the length of the suspension, which is retroactive to the Sept. 29 date that the court notified him of a provisional suspension.

Jorge initially considered suspending Nelson for one year and fining him $110,000 reals, or $32,156, but reduced the punishment to nine months because the fighter didn’t intend to injure McCarthy.

However, he wrote, “The athlete is warned that in case of recurrence, the applicable aggravating factors will be applied.”

Jorge ruled that Nelson, in fact, kicked McCarthy, despite his post-fight claim he merely pushed the official with his foot. He opined that the fighter’s defense that “some events prior to the combat caused fear and panic” were superseded by his unethical behavior in the octagon.

“Even if (the actions) were right, the athlete has the obligation to respect the honor, to preserve the health, physical and moral integrity of the referee, and of all the others involved in the accomplishment of a competition, (is the) reason why nothing justifies the acts practiced,” Jorge wrote. “On the basis of the reasons given, it is inadmissible that personal issues are grounds for ethical and unsportsmanlike conduct.

“Imagine if all professional athletes discounted their frustrations, fear and personal traumas in the sport they practice. What would be the outcome? Certainly, they would not be sports but war camps, devoid of rules, enforcement, respect, ethics and limits.”

After the fight Nelson told MMAjunkie he had apologized to McCarthy but didn’t regret his actions. He said the referee was in the wrong for allowing him to continue hitting Silva – a friend of Nelson’s outside the cage – after the knockout.

“It’s like a cop beating the (expletive) out of somebody,” Nelson said. “It’s like, dude, enough’s enough. It hurt my feelings.”

UFC President Dana White didn’t buy Nelson’s explanation and told “UFC Unfiltered” the veteran heavyweight “needs to be buried” for his actions.

Unlike lightweight Jason High, whom the UFC release after shoving a referee in 2014, Nelson remains with the promotion. But the suspension adds an asterisk to a win that reversed a split-call loss to Derrick Lewis in his previous outing.

For complete coverage of UFC Fight Night 95, check out the UFC Events section of the site.