Eric Smith to turn himself in on Monday....

The Prowler · « **on:** August 23, 2009, 02:09:22 AM »

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EXCLUSIVE: Smith to turn himself in Monday on assault allegations

By Andrew Gribble
Auburn University Beat Reporter
Published: August 22, 2009

Auburn University tailback Eric Smith will surrender to Auburn police Monday in the wake of additional charges filed by the victim of an alleged, third-degree assault early Friday morning, the Opelika-Auburn News has learned.

A warrant for the arrest of Smith was issued Friday, the victim’s mother, Sandra Jenkins, and assistant Auburn Police Chief Tommy Dawson said. Smith’s attorney contacted the court and has made arrangements for Smith to turn himself in Monday, Dawson said.

Smith’s court date is tentatively set for Nov. 5, Dawson said.

According to Alabama code, assault in the third degree is a Class A misdemeanor. The punishment for a Class A misdemeanor is not more than a $6,000 fine and one year in jail.

Smith, 19, was arrested outside the Lexington Hotel, which is located on College Street a few miles South of Toomer’s Corner, and transported to the Lee County Detention Center. Smith was sober and did not resist arrest, according to a redacted report obtained by the Opelika-Auburn News.

Auburn Police Capt. Tom Stofer said APD was called to the scene because of a fight. While on the scene, APD arrested Smith and another Auburn student. The student was arrested for public drunkenness.

According to a victim report, a 22-year-old male Auburn student was treated for injuries in the parking lot of the hotel at the same time of Smith’s arrest.

The victim was treated at East Alabama Medical Center for a wide laceration over his left eyebrow, Jenkins said. The victim did not know his attacker, according to a victim report obtained by The Opelika-Auburn News.

According to the report, the victim was assaulted in the third degree by “hands, fists, voice, etc.”

Smith was booked at the detention center at 2:32 a.m. Friday and was released on $300 bond at 3 a.m., Lee County Sheriff Jay Jones said.

When police officers witness a fight, disorderly conduct – a Class C misdemeanor—is typically the original charge, Dawson said. The victim then has the option to sign an assault warrant.

“That’s how we got where we are now,” Dawson said.

Auburn head coach Gene Chizik could not be reached for comment. When addressing the issue Friday, Chizik said Smith’s situation was a matter “between Eric, myself and our football team,” and would neither confirm or deny that Smith was still on the team.

Smith did not participate in Friday’s practice and Chizik refused to offer any timeline for a potential return.

Smith, a bulky tailback, saw playing time in all 12 games last season as a freshman, but ran for just 83 yards. A Tampa native, Smith was poised to see a significant increase in playing time, as he’s been battling Onterio McCalebb, Mario Fannin and Dontae Aycock for the second running back slot behind starter Ben Tate.

Smith is the first Auburn football player to be arrested since August 2007, when offensive lineman King Dunlap was detained for failure to pay a speeding ticket.

http://www2.oanow.com/oan/oasports/comments/exclusive_smith_to_turn_himself_in_monday_on_assault_allegations/88545/

He's not going to be back for a while....and by "for a while" I mean probably this year.

Here's how I see that night playing out, some drunk Auburn student started running his mouth....then Eric shut it.

Birmingham · « **Reply #1 on:** August 23, 2009, 09:07:00 AM »

Boy, this is bad. I F'ING HATE that this kids college educations is being compromised because of a frat tool. Unreal. Last year a bama player (Rolando McClain i think) busted a frat tool in the mouth in a situation that sounds exactly like this. Only difference was the frat tool didn't press charges. I'm blown away that this frat tool is pressing charges if he cares at all about Auburn football, especially if he started it.

Sensi · « **Reply #2 on:** August 23, 2009, 09:12:19 AM »

Bye bye, Mr. Smith.

Next time he plays football on the college level in this state should either be in Jacksonville or Florence.

Though I'm sure Saban would let him join his brother on the Tide squad where he can head butt a police officer and never serve a day, pay a fine, or lose playing time.

War Eagle!!! · « **Reply #3 on:** August 23, 2009, 10:51:07 AM »

Quote from: Sensi on August 23, 2009, 09:12:19 AM

Bye bye, Mr. Smith.

Next time he plays football on the college level in this state should either be in Jacksonville or Florence.

Why? That would be a harsh penalty for a 19 year old. You don't believe in second chances? You don't believe in giving kids another opportunity to ammend for their mistakes? You would throw this guy out because he got in a fight? What if the dude was threatening a girl? What if Eric tried to walk away and the dude kept on badgering him? What if Eric finally just had enough and hit the dude just once?

Now, RWS (because I know you will chime in with your BS here), I am not saying this is what happened. Hell, I have no idea. But the kid wasn't drunk and he got in a fight with a drunk kid, who was arrested for public intox. Eric didn't resist arrest and is apparently cooperating with the police. He got in a fight. A fight. Seriously....kick him out of Auburn? Get a life dude. Get off your fucking high horse...

RWS · « **Reply #4 on:** August 23, 2009, 01:01:42 PM »

Quote from: War Eagle!!! on August 23, 2009, 10:51:07 AM

Why? That would be a harsh penalty for a 19 year old. You don't believe in second chances? You don't believe in giving kids another opportunity to ammend for their mistakes? You would throw this guy out because he got in a fight? What if the dude was threatening a girl? What if Eric tried to walk away and the dude kept on badgering him? What if Eric finally just had enough and hit the dude just once?

Now, RWS (because I know you will chime in with your BS here), I am not saying this is what happened. Hell, I have no idea. But the kid wasn't drunk and he got in a fight with a drunk kid, who was arrested for public intox. Eric didn't resist arrest and is apparently cooperating with the police. He got in a fight. A fight. Seriously....kick him out of Auburn? Get a life dude. Get off your fucking high horse...

Hell, I'm still on the side that says Smith shouldn't be suspended, at least until I can see the police report. I figured there had to be something more going on if nobody was releasing the redacted police report. Depending on what happened, I still may be on the non-suspension side after reading the police report. There was an incident where Rolando McClain popped a frat boy in the mouth a few months ago because the guy dropped the N-bomb on him. If something similar happened with Smith, I say dot that fucker's eye twice. Kids do stupid shit. We all did. They don't make the best decisions all the time.

The Prowler · « **Reply #5 on:** August 23, 2009, 01:41:39 PM »

Quote from: runswithscissors on August 23, 2009, 01:01:42 PM

Hell, I'm still on the side that says Smith shouldn't be suspended, at least until I can see the police report. I figured there had to be something more going on if nobody was releasing the redacted police report. Depending on what happened, I still may be on the non-suspension side after reading the police report. There was an incident where Rolando McClain popped a frat boy in the mouth a few months ago because the guy dropped the N-bomb on him. If something similar happened with Smith, I say dot that fucker's eye twice. Kids do stupid shit. We all did. They don't make the best decisions all the time.

But as B'ham stated, the frat boy didn't press charges against Rolo. If he would've then Rolo would've probably sat out a few games, until the issue was resolved. That could be the case with Mr. Smith, he'll probably will be held out until after this issue is "taken care of" or atleast until after the court date, which, right now, is set at Nov. 5th.

Argo · « **Reply #6 on:** August 23, 2009, 02:05:31 PM »

Quote from: The Prowler on August 23, 2009, 01:41:39 PM

But as B'ham stated, the frat boy didn't press charges against Rolo. If he would've then Rolo would've probably sat out a few games, until the issue was resolved. That could be the case with Mr. Smith, he'll probably will be held out until after this issue is "taken care of" or atleast until after the court date, which, right now, is set at Nov. 5th.

Just because he is charged with assault doesn't make him guilty. It would be irresponsible for Chizik to hold this kid out of games for almost the entire season because of a charge he may be innocent of.

The disorderly conduct obviously did take place. Punish him for that. That assault charge comes from the word of another individual involved in the incident. People lie every day. Mr. Smith has a right to his day in court and should not be treated, or punished as if he were guilty of assault.

In my honest opinion, both cases (Upshaw and Smith) could have been handled differently by different law enforcement officers. Smith may not have been charged with DC if he dealt with an officer that had a little more patience. Same with Upshaw. She slapped him, he grabbed and pushed her. They could have been told to separate for at least 12 hours and all would have been finished.

Of course, I wasn't there so I'm not trying to question the judgment of the officers, I'm simply stating that I've seen similar circumstances with different outcomes.

Also, unless Smith just attacked someone for no reason whatsoever, he won't be found guilty of assault.

Birmingham · « **Reply #7 on:** August 23, 2009, 02:17:43 PM »

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Also, unless Smith just attacked someone for no reason whatsoever, he won't be found guilty of assault.

Especially if the dude was drunk, which he was.

The Prowler · « **Reply #8 on:** August 23, 2009, 02:36:18 PM »

Quote from: Birmingham on August 23, 2009, 02:17:43 PM

Especially if the dude was drunk, which he was.

Right, if the drunk person in the reports was the same that they were medically treating. Which, I took that it was the same person. I don't think anything will come of the trial, if it does go to trial...But, I do feel that Eric Smith will be suspended for a couple games.

As one of our own ballas from Alabama says...."Take that shit to trail...Bitch"

Saniflush · « **Reply #9 on:** August 24, 2009, 07:53:53 AM »

Quote from: Argo on August 23, 2009, 02:05:31 PM

Just because he is charged with assault doesn't make him guilty. It would be irresponsible for Chizik to hold this kid out of games for almost the entire season because of a charge he may be innocent of.

I actually disagree to a degree. Teaching the lesson to remove oneself from potentially bad situations is an important one that needs to be stressed to him and the rest of the team. I don't know how many games it take to do that but it has to be more than one or two.

I guess there are no clear answers.

Buzz Killington · « **Reply #10 on:** August 24, 2009, 08:46:35 AM »

Quote from: Saniflush on August 24, 2009, 07:53:53 AM

I actually disagree to a degree. Teaching the lesson to remove oneself from potentially bad situations is an important one that needs to be stressed to him and the rest of the team. I don't know how many games it take to do that but it has to be more than one or two.

I guess there are no clear answers.

This.

Magic 8 ball says a minimum of 3 games though.

The Prowler · « **Reply #11 on:** August 24, 2009, 06:22:28 PM »

Word on the skreets is that Eric Smith's ex-girlfriend poured a beer over his head, while the police were there tending to a person that had gotten into a fight. ES then got up and clocked his ex's boyfriend. If that's true, then I guess he should've choke slammed the girl, so that way all he would've been charged with is DV3/Harrassment.

AUTailgatingRules · « **Reply #12 on:** August 24, 2009, 06:43:42 PM »

Quote from: Birmingham on August 23, 2009, 09:07:00 AM

Boy, this is bad. I F'ING HATE that this kids college educations is being compromised because of a frat tool. Unreal. Last year a bama player (Rolando McClain i think) busted a frat tool in the mouth in a situation that sounds exactly like this. Only difference was the frat tool didn't press charges. I'm blown away that this frat tool is pressing charges if he cares at all about Auburn football, especially if he started it.

Where do you get out of this article that the other person was a frat tool? Just because you don't like fraternities (or maybe was never let into one) does not mean that every fight has to involve a fraternity member.

Birmingham · « **Reply #13 on:** August 24, 2009, 06:44:44 PM »

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Word on the skreets is that Eric Smith's ex-girlfriend poured a beer over his head, while the police were there tending to a person that had gotten into a fight. ES then got up and clocked his ex's boyfriend. If that's true, then I guess he should've choke slammed the girl, so that way all he would've been charged with is DV3/Harrassment.

Took way too long for you to finally get around to where that was obviously going. Reaaaally lame.

AUTailgatingRules · « **Reply #14 on:** August 24, 2009, 06:45:47 PM »

Quote from: The Prowler on August 23, 2009, 02:09:22 AM

http://www2.oanow.com/oan/oasports/comments/exclusive_smith_to_turn_himself_in_monday_on_assault_allegations/88545/

He's not going to be back for a while....and by "for a while" I mean probably this year.

Here's how I see that night playing out, some drunk Auburn student started running his mouth....then Eric shut it.

Smith is the first Auburn football player to be arrested since August 2007, when offensive lineman King Dunlap was detained for failure to pay a speeding ticket.

Pretty good record for the AU football program. Bet Bama wishes they could say the same thing

Birmingham · « **Reply #15 on:** August 24, 2009, 06:47:37 PM »

Quote from: AUTailgatingRules on August 24, 2009, 06:43:42 PM

Where do you get out of this article that the other person was a frat tool? Just because you don't like fraternities (or maybe was never let into one) does not mean that every fight has to involve a fraternity member.

Prowler (I think it was prowler) said it was a frat boy so I assumed he wasn't lying. I know that makes me a smuck but I give him the benefit of the doubt once a year and the lottery fell on this one.

The Prowler · « **Reply #16 on:** August 24, 2009, 07:07:40 PM »

Quote from: Birmingham on August 24, 2009, 06:47:37 PM

Prowler (I think it was prowler) said it was a frat boy so I assumed he wasn't lying. I know that makes me a smuck but I give him the benefit of the doubt once a year and the lottery fell on this one.

It wasn't me....I said that it was a drunk Auburn student, because I was assuming that the drunk student in the reports was the same one that Eric Smith clocked, but now I'm hearing (from the skreets, of course) that the drunk student, that was being treated, was the result of different altercation and that Eric Smith clocked his ex's boyfriend while the police where there treating the drunk student.

Birmingham · « **Reply #17 on:** August 24, 2009, 07:12:03 PM »

How did drunk guy #1 get his injuries?

The Prowler · « **Reply #18 on:** August 24, 2009, 07:17:42 PM »

Quote from: Birmingham on August 24, 2009, 07:12:03 PM

How did drunk guy #1 get his injuries?

probably from "a different altercation."

Birmingham · « **Reply #19 on:** August 24, 2009, 07:22:07 PM »

For AUTailgaitingRules: I found the perpetrator, that damn Birdman.

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Oh man, this is a travesty of justice. Smith is 19 and this guy was 22? Obviously a case of an older, upperclassman picking on the young guy. Probably one of them damn frat boys and his buddies.

Don't know why I took from this statement that he was for sure a frat boy since Harvey said "probably" before his accusation.

By the way, I don't care if you care that I don't like frat boys. Why I don't like them is real simple and it has nothing to do with being in a fraternity or not being in one. They show up to the games late in the 2nd quarter and leave in the 3rd quarter leaving a huge section that people outside the stadium would love to pay money for to have a seat.