Eric Smith's situation deepens
Hey everyone. As at least some of you know, an attorney representing an Auburn student who allegedly was struck by Auburn utility back Eric Smith has filed suit in U.S. District Court.
The plaintiff is Decari Jenkins, a fifth-year engineering student.
Here is Jenkins' account of what happened on the night of August 21, 2009.
NOTE: I will be posting the lawsuit as soon as Blogger.com gets its act together and lets us post pictures again.
The plaintiff is Decari Jenkins, a fifth-year engineering student.
Here is Jenkins' account of what happened on the night of August 21, 2009.
- He attended a function at the Lexington Hotel (you probably know it better as the former Best Western near College & University/Shug Jordan)
- He was approached by ``two presently unnamed Auburn football players in a proactive and belligerent manner."
- Jenkins' friend attempted to dissuade trouble by saying "we don't want any trouble."
- "Immediately after making the statement, (The Friend) was punched by one of the Auburn football players and rendered unconscious with one blow."
- The Friend was pulled aside by bystanders.
- Eric Smith then approached and slapped a drink from Jenkins' hand.
- ``Smith, with the aid of his cohorts, began to pummel (Jenkins) with hands and fists about his face and body."
- Jenkins was able to elude the melee by fleeing down an outside stairway.
- Jenkins went outside to make a call.
- While standing near four Auburn Police Department officers, Jenkins then was struck in the back of the head by Smith.
- "(Smith) then kicked (Jenkins), turned away from the officers and casually walked away as if nothing had happened, leaving Jenkins unconscious in a pool of blood."
- One officer assesed Jenkins. One officer called for an ambulance.
- Jenkins bled from a cut over his eye. He was taken to "the hospital" and was given medical care and was released the next morning.
- Smith soon was apprehended by the APD.
- ``The Auburn Police Officers were approached by Auburn football players wearing Auburn University attire who identified (Smith) to the officers as being a football player. They also inquired as to `what could be done.'"
- Smith was charged with assault. He later filed a charge against Jenkins, which Jenkins' lawyer writes ``was later dismissed with prejudice."
- Jenkins now says he "continues to suffer grievous and permanent injury as a result of (Smith's) actions."
- The permanent injuries? Fourteen stitches have caused "permanent scarring to his face" and he claims to suffer from Post Concussion Syndrome.
He claims the syndrome is causing an "altered gate" (I think he meant "gait"), inability to concentrate, headaches, sleeplessness, vertigo and nausea.
NOTE: I will be posting the lawsuit as soon as Blogger.com gets its act together and lets us post pictures again.
140 Comments:
#1
Has Eric still been granted youthful offender status?
That doesn't sound good.
You gotta love the timing of it all.
So was this what Finebaum was hinting at for months?
Believe so RK.
Eric Smith has been granted YOS, yep.
Yeah, RK. This is it, the big story. You had no idea it was coming.
Wow, Auburn University will never be the same.
The obvious question I have is who are the other two players not named as of yet?
I may have missed something earlier, but I never heard any other players mentioned in the incident.
No comment, cause it wouldn't be complimentary to any party involved.
That was curious AUfan as was her answer as to whether video existed...
She said she wasn't aware of any video from the police cruisers.
I have all of those symptoms. Did I get punched by Eric Smith?
"He claims the syndrome is causing an "altered gate" (I think he meant "gait"), inability to concentrate, headaches, sleeplessness, vertigo and nausea."
So can I sue the University of Kentucky, because after the game against them this year, I suffered all the same things as well.
prior thread, LT said, "We definitely don't have much behind out starting linebackers and secondary - What did we have for the UGA game, 3 healthy LB's? We would have to put someone out of position to fill a LB spot if injuries happened. That's lack of depth."
In the 1972 Iron Bowl,we started a TE at LB due to injuries. He even made an INT. We won the game becuase of coaching and talent, and perhaps a bit of prayer.
Yes, we lack depth now. But our more serious issue is the level of talent across the board.
I also WRK - At UGA in 79 & B'ham Iron Bowl '79 & '80.
Here is the post from the other threat THT...
JGT - That was your shortest blog post - ever- but its lack words is ripe with Substance!!!
It is shocking we are on pace for Worst of All time in Auburn lore. I was there Barfield's first year - it was mine too. I guess this Offense being able to keep pace has hidden the fact that we are giving up a TON of points.
Now on the depth issue JGT - I agree and disagree. We definatly don't have much behind out starting linebackers and secondary - What did we have for the UGA game, 3 healthy LB's? We would have to put someone out of position to fill a LB spot if injuries happened. That's lack of depth. But we can run in second string of down linemen... Problem is, they ain't SEC talent - they are Depth, but don't have the level of talent we need.
It is going to take a few years to get where we need to be depth wise. We will need to get some talented JUCO's to fill the gaps in the near term while we redshirt some of our more athletic freshman to be "couched up" to provide needed depth for the future.
It ain't a quick fix. I just hope the AU nation has the patience to ride this out. Just because UA-T did in 3- years doesn't mean we can. It may take 5 years to get where we need to be talent and especially depth wise. the better teams always have 5th year seniors dominating their rosters.
Just my opinion.
LT
Also, what is I heard that we lost around 28 recruits over the last 3 year of Tub's rein for one reson or another? That is is whole recruiting class!! There is the depth issues.
Someone correct me here - completely off memory.
JGT - so where's the part of the story where Eric Smith got a bloody nose?
snitches get stitches
PF - I'm a BK Dbl Cheeseburger combo addict. McD's burgers are just gross.
At least that's what my palate tells me, and who am I to argue?
...and what kind of name is Decari Jenkins, anyway.
Jay, I think you omitted the best part of this quote:
Jenkins' friend attempted to dissuade trouble by saying "We don't want any trouble. We just want to do the Super Bowl Shuffle."
it's a bammer name, PF.
He didn't want to feathers ruffle.
Jay, Finebaum says he has seen the video and it is nauseating.
Has anyone else seen it? Can we see what the hubbub is all about. If it is just a fight; big deal.
Personally, I think fighting for teens is what the YOS is all about.
So this guy is suing ESmith, but not hte two that 'started the fight'.
BTW-my daughter said she thought she could take him.
so Fbomb has seen a video but the guys attorney is not aware that one exists.
I say BS. and I'm a Bammer.
wtc..
His attorney said she isn't aware of a video shot from police cruisers. Thought it was odd that she phrased it that way.
FSJ, Great photo of Barron today. Reminds me of the Jerraud Powers play a few years back. I hope he turns out to have the career Powers had.
The video makes no difference.
What Smith may have done was pretty weak -- people should be punched in the face in my book -- but seeing video of it won't make it worse.
Chilling is what happened to Jaycee Dugard. This is not chilling.
RK...from previous thread. Armando's for me.
Are the foundations of Auburn University still intact?
Can anybody confirm?
FSJ-I didn;t listen to boogbomb so I don't know al that was said, but surely a lawyer would know that crusiers have video cameras, wouldn't she?
So he pleads guilty to disorderly conduct, and she/they say it was a beat down. I wasnt there so I do no tknow, but I am positive lwyers never lie, unless their lips are moving. (no matter who they represent)
Dumb question perhaps, but why does the lawyer go on the radio to talk about this?
As the lawyer that defended the Kennedy relative in south Fla once said, every one is innocent until they run out of money.
From their website "The firm often addresses the most difficult issues with a novel approach,"
I guess that novel approach is going on the PF show.
Got to pay for that vacation home they have in the Carribean that "they often frequent."
Recall that Decari Jenkins' lawyer said The Swag Crew also was known as the redshirt sophomores.
Other redshirt sophomores who have been in the news: Harry Adams, Christian Thompson, Marcus Jemison, Jomarcus Savage.
What do they have in common?
Makes you wonder if they were involved.
Shut up bammers.
Way to piece it together Detective Tate.
That's exactly what I was wondering...were these guys who are no longer on the team.
I'll take no longer on the team for 2000, Alex.
I'll take: HE GONE! for $200.
Does ES still hang out with those guys, or was one of the conditions of "coming out of this situation an Auburn man"that he tell them to eff off and not talk to him anymore?
I HATE art deco.
PF you may hate it, but I don't even know what it is... Sounds yucky.
we just clearing room for more 5 star rb's anyway
Tennessee is beating UNC-Ashville right now 41-6.
Is there a running clock rule in college basketball?
PF's ratings must be slipping. He's stooping to having lawyers on a "sports" talk show. I read where someone called in a asked why sue a college kid who has no money and the lawyer stated that he didn't have any money "YET" and that the lawyer stated she was not a UAT grad and that the plantiff was "referred" to her.
I guess the other two players involved aren't being sued because they don't have big salary potential, so they must be off the team.
This is only one side of the story, so I can't really convict him of anything. If true, he belongs off the team and in jail.
@Steve
Why should he be in Jail? He has had his day in court.
I'm confident Chiz will handle it how it needs to be handled in time.
At least the plaintiff's father did not come to the defense of Eric Smith in all this for the sake of Auburn football.
Anyone who assaults someone else belongs in jail.
I have scanned in the lawsuit. Blogger.com is having some problems right now that are preventing me from posting those images.
I will post them as soon as Blogger gets its act together.
One side of a story is no story at all. If we heard Eric's side only what would we have?
This will be handled in court, unfortunately.
PF will blab on this for a week or so and then let it go.
This comment has been removed by the author.
Well, that's it, that is all I can take of that. SCREW BAMA and Finebaum!!!!!! Got to love the timing. You can't tell me that there isn't an agenda here!!!!! Hope Fbaum gets a ring if Bama does too, because he is a team player!!!!
I HATE BAMA!!!!!!!!
That's the Eddie whom I know and love!
Ah...the sweet smell of hate..
If the officers witnessed him punch him, you think they would have stood there and let Eric kick this guy and then casually walk away? Something doesn't line up in this story.
I think theres a good chance he screwed up big time, but I don't believe half of what the guy says.
I have no problem with the substance, just the timing of all this. Finebaum has had this up his sleeves for quite awhile and has been hinting at it. He has planned to always drop this info this week. Nothing like stirring a crap storm up.
Also, i'm glad it is one guys word that will get played, whether right or wrong without any real substantial evidence at this point.
I HATE BAMA!
Welcome home, Eddie.
Sorry, i'm pissed now!!!!
I HATE HATE HATE BAMA and FINEBAUM!!!
Sorry for my ignorance but what does "dismissed with prejudice" mean???
Are you guns insinuating that Finebaum is a bammer, why did no one mention this before?
Dismissal with prejudice basically means a decision was made. So the case is over. If it was dismissed without prejudice, the case could be brought back up.
Basically it means the judge decided he did nothing wrong.
missinit....that means the person can't be charged again for that particular issue.
I guess the Armistice has ended.
As heard at many a Van Halen concert and very appropriate here tonight.
Eddie!
Eddie!
Eddie!
Eddie!
E-Bro,
Nothing at all wrong with an Armando's burger.
I love the smell of napalm in the morning......
RK...nope. Not at all.
It's what they are. It's what they do. I've seen it in different ways, and in different contexts. Now, they have a willing partner with Finebaum.
Decari Jenkins has the right to file suit, and if Eric Smith is responsible for the actions in the suit, he'll answer for them.
On their face, I view most suits with a healthy dose of skepticism. We shall see.
Finebaum's teasers tell me that this has been in the works, and he's been in the knowledge loop at a minimum. The timing is quite scripted.
It's who they are. And that's why I hate who they are and what they stand for.
Any coincidence that the lawyer, Wendy Crew hosted a fundraiser which featured none other than Paul Finebaum being roasted earlier this year? What are the odds of that?
Wendy Crew Fundraiser with Paul Finebaum
So, what are the odds that this story got some legs because someone wanted it to get legs? What are the odds? This is a complete setup and it is so obvious.
I hate Bama!
Drink it up!
I've had enough for tonight. I'll catch you all later. Forget everything I said previous till tonight!!!!!! Let the Hate Burn from within and let light perpetual light shine!!!!!!!!!
HATE BAMA!!!!!!!!
Just remember, Eddie. There's a small part of your life, the non-hatin' part, you can never get back. Cherish the hate. Nurture the hate. Love the hate. Life is too precious to waste any of it not hatin'
I HATE UA-T!!!
WARRRRRRRRRR EAGLE!!!
GO TIGERS!!!
As far as Ms. Crew and Finebaum having an association, I don't really care about that.
I'm sure they know each other and I'm sure he knew Ms. Crew was representing Eric Smith.
Still, this doesn't seem like a very big story overall. I wrote about it. I will write more about it, yet it's not like the NCAA is going to come calling because Eric Smith and some of his teammates beat someone silly.
If this happened between Student A and Student B, nobody would care. The truth is that skirmishes like this happen all the time.
AU better beat bammer or chippy is gonna give this baby chicken a great big hug and send it heaven. the life of my baby chick is now in the hands of AU football. being a bammer is being for killing innocent baby chicks before they grow up and get all juicy and good to eat. nothing but your commitment hating cousin humpers can save its life now.
hatin' bammer is what i do second best to loving AU!
The recipient of said ass-kicking is a bona fide weenie with a money grubbing attorney in his ear.
(It's cool for my posts to be pure conjecture, right? Thanks, we're cool.)
Should skirmishes like this really happen regularly, the people responsible should be in prison. I view college as where someone finds their place in this world. It may be as a doctor, and engineer, or an inmate. Everyone should be where they belong, and people like that are no different. I can not condemn Eric Smith because I don't know the facts, but someone here is responsible.
The BBQ special on Travel Channel...I cannot look away. After I watch it, I am inevitably inspired to go on a 6 month, 12 state tour of BBQ joints. If I were rich, I would be posting results right now.
ehyou - I'd be right behind you.
BBQ?
I'm there.
One of the reasons I frequent this site is because it is out of Montgomery. Not Birmingham. The comments here are far better and without the sophomoric taunting and jabbering that occur out of the ham. There are some who think of PF as some kind of fantastic journalist who is all knowledge and all truth. Hype and conjecture are called substance by PF. Period.
FSJ...
Thoughts please on beef brisket. I'm a pork dude and not convinced but perhaps haven't had the proper sampling.
Steve, 18-22 y/o males+Alcohol=fights It's been that way since the beginning of time. I'm about as even keel of a guy you will ever find and even I got a little rowdy when copious amounts of alcohol were given to my 18 year old self.
Now the sucker punch described in the law suit is a pretty crappy thing to do. If it happened.
who did that?
now I'm really hatin UA-T
easyedwin...
By PF, you mean Peter Frankenshmidt, right?
Had some good BBQ today from a place about an hour from me. It was well worth the trip.
ehyou...there's a fine line with brisket...
Some folks make it taste like pot roast...which isn't good for BBQ.
Others make it too dry...way too dry.
Most brisket in Alabama fits into one of the two categories I just described.
If I had to pick one place to eat brisket based off of what i have seen on TV it would be Louie Mueller's BBQ in Texas.
The contests I have entered have brisket as one of the four meats. IMO, it is the hardest one to cook and score well with.
Steve-I will say fights happen. Whether someone needs to go to jail over it is a different story. During my day, there were fights in the athletic dorm between teammates. Some were prety rough. You move on. it happens.
FSJ-not a brisket fans at all. EVERYTIME it has been too dry. You have to smother in sauce to eat it.
Give me pork or chicken anyday of the week.
Notice how FSJ sequed off topic and did not even blink. He knows we are gettin' honory in here.
I can see the problems. Beef cooked a long time is just dry. Cook it in liquid and it's just a roast. Grill a ribeye at 800 degrees for 5 minutes and it's perfection.
You just can't beat BBQ pork.
Having 2 weeks to think/talk about this game is going to get contentious in blog-o-world.
I hope that time translates to much productive planning for the guys that matter.
Jules: I don't dig on swine
Vincent: Yeah, but pork chops taste good, and bacon tastes good...
STEVE!! Quit being such a panty waist. Good Greif!! Have you never, ever been in a fight ... in college? Good Lord man ... go hug a tree or something.
Wake, where's this bbq joint you went to today?
Agree on the brisket. As a non-swine guy, I order it almost exclusively (some good chicken out there that gets me sometimes- and beef ribs can make my heart flutter). Very few places get it right. Some stumble into it. I eat at this one place in Miami a couple of times a month. It comes out perfect 1 out of every three times. The other two fit in one of FSJ's categories. It's disappointing when overly dry, but the sauce makes it okay. Pot Roast times just piss me off. I can't even taste the wood at all.
Waker..
Agree 100% about the fights..
a good brisket starts with selecting the perfect cut. Unlike pork, where you can get away with it by being a good cook if you happen upon a less than perfect shoulder, you're doomed from the start if you don't pick from the right cow.
I wanna start a fight.
-Pink
I don't know but guess finding good BBQ in S Fla is a tricky proposition.
choosing the right cow...dating for bammers.
it is, ehyou....there are some decent places that have good pits and techniques, but hire line cooks instead of dedicated pitmasters, so you don't get a consistent product... I hear the Seminoles have been bbqing for hundreds of years. I've had nothing but a whif of burning wood as I drive through the reservation every night.
Louie Mueller BBQ was featured on Food Network a year or so ago.. I want to go there at least once.
BBQ
I'll bet Ol' Decari was just sittin' over there sippin' on a Shirley Temple, debating the finer points of Socrates with his buddies from the Philosophy Club. What a crock.
PF- Place called Deep South BBQ in Brooksville. Its about 5-10 miles east of 75 on S.R. 50.
Best BBQ I've had in the Tampa area is First Choice in Brandon/Plant City. Had some real good stuff down your way but for the life of me can't remember what it was called.
well, dang, FSJ. I'm ready to drive to Taylor, TX rat now
Eric Smith - mistakes have been made and i am suffering the consequences so y keep going on and on about it!!!a tlk show i think thats a lil 2 much now!!!!
via FB
I agree completely.
Phred is my hero.
You guys crack me up.
So our bball team is gonna be horrid
article on rivals about Trovon Reed and Lache Seastrunk having a brotherly bond...
http://auburn.rivals.com/
What's the gist of it Jhag?
i cant access it dangit!
sorry
But this is what the intro says...
Temple (Tex.) RB Lache Seastrunk and Thibodaux (La.) WR Trovon Reed share a close bond. The two grew up together and consider each other brothers. So, how does the five-star and nation's No. 4 overall prospect feel about Reed's commit to AU? Get the scoop inside.
haha, someone have pitty on us poor folk. I like a fool went to the website hoping I could see it, obviously had no luck.
So is my bb team jhag...
So Ole Miss's baseball atmosphere is top notch, that would be really cool if I went there. they have over 10k there for every big game...and people up there were telling me how the outfield is not Ole Miss property so they all bring coolers and drink whatever beverages they please...sounds like a blast
There ya go ...
If a school has a permissive policy in the outfield, I think that's a perfect reason to pick that school. Ole Miss is the only place on earth where people drink in the outfield.
eh it also helps that their baseball team is always pretty good...
Hey all. I'm new to the blog so I hope you will let me participate in the fun. I'm a sports loving gal who loves Auburn & follows football closely (as well as the Men's and Women's basketball teams). Love the blog & reading all the clever comments from the Hottie crew.
Oh, I don't like Bama or Finebaum.
So, introductions aside; I hate that the team/staff are having to deal with this right before the AU/Bama game. I think Eric Smith has really turned into a valuable player & it's a shame something like this happened.
On behalf of HABOTN, Eurasia, and Thighs everywhere, I welcome you MLF. Make yourself at home.
Welcome MLF, there are just a small group of us AU lovin females here. The HABOTN could use some more voices of reason!
The AU women bb lost to Temple.
Welcome MLF.
Is Memphis's new basketball coach old enough to shave? Or vote?
Welcome MLF..
I'm a bammer.
shutup bammer.
Auburn has an outfield. People drink there. It's a great ballpark...just thought I'd complicate things.
shutup bammer.
Auburn has an outfield. People drink there. It's a great ballpark...just thought I'd complicate things.
Welcome MLF.
Ah, what a day to be talking about BBQ as i'm about to catch a plane to Houston on a trip I didn't know about yesterday at this same time.
Got to love plans on the run.
Eddie,
Do some recruiting while you are out there.
Good morning, Hotties! Welcome, MLF. Like Kathy said, we need all the voices of female persuasion we can get!
All this Eric Smith stuff the week before the Iron bowl is mighty fishy.
...and stinky.
Love the fact that Finebaum describes this event as 'chilling' in a way that armed robbery with a handgun (Jeremy Elder), swinging fists with police and security guards (Rashad Johnson), and selling cocaine on campus out of an SUV (Jimmie Johns) were not.
Sullivan013
i love how in the article that Jenkins' lawyer Crew states that Eric only got one game as punishment. apparently she's a ****ty lawyer b/c she doesn't know facts. i hope Eric has 200 yards of offense & 3 TD's vs. Bama.
"I don't know what they did internally," Crew said, "but I know I've seen pictures of how badly Decari was injured. I don't think Eric Smith missed but one game."
the Chiz already gave him his punishment. this is bs.
Ahhh. She thinks it's her duty to make sure that he's punushed enough, because the criminal justice system and Auburn University apparently aren't good enough at it.
I SUPPORT THE CHIZ.
I SUPPORT ERIC SMITH.
DAMN THE INFIDELS!
HATE!
Welcome MLF.
I echo Scottie B's support comments. Fights happen, it's almost a rite of passage. I've been in a few but never once thought about filing a lawsuit afterwards. Lame.
Keep Hate Alive.
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