Eric Smith Files Claim vs. Accuser

[AUChizad]

Here's hoping Finebaum gets dragged into this suit somehow too.

http://blog.al.com/solomon/2010/02/auburns_smith_files_claim_vs_a.html

Auburn's Smith files claim vs. accuser
By Jon Solomon -- The Birmingham News
February 23, 2010, 9:54AM

Auburn running back Eric Smith claims Auburn engineering student Decari Jenkins threw the first punch during an incident last August.

In a federal court coun­terclaim last week, Smith denied "each and every material allegation" in Jen­kins' civil lawsuit, which claims Jenkins suffered from post-concussion syn­drome after being as­saulted by Smith and two unidentified Auburn foot­ball players. Smith is seek­ing unspecified damages and says he has suffered physical injury, severe mental anguish, emotional distress, and a damaged reputation.

Last October, Smith pleaded guilty in criminal court and received youthful offender status. He initially filed a criminal harassment charge against Jenkins but it was dismissed with prej­udice.

"The information related in his cross complaint is in­accurate and is inconsis­tent with prior statements he's made," said Wendy Brooks Crew, Jenkins' at­torney.

The counterclaim says Jenkins was acting in an "unusually jumpy manner" and was knocking into peo­ple during a sorority func­tion Aug. 21 at the Lexing­ton Hotel in Auburn. Smith claims Jenkins ran into him and words were exchanged. Smith says Jenkins re­turned with two empty beer bottles, "holding and clanking" them in a threat­ening manner, and Smith knocked them away out of self-defense.

"Defendant Smith be­lieved the situation was over and did not intend to fight Plaintiff Jenkins," the counterclaim says. "How­ever, Plaintiff Jenkins then, without cause or warning, violently struck Defendant Smith in the nose."

The counterclaim, which doesn't address what hap­pened after the alleged first punch, says Smith bled se­verely and was later treated by paramedics.

Jenkins claims the inci­dent started when one of his friends was punched by an unidentified Auburn player. His lawsuit says Smith, with the aid of teammates, began to "pummel" Jenkins by punching and kicking him, and Smith continued the assault in front of police af­ter Jenkins fled outside.

Brian Strength, Smith's attorney, said he could not comment "at this time" about whether additional Auburn players were involved.

[AUChizad]

Smith says Jenkins re­turned with two empty beer bottles, "holding and clanking" them in a threat­ening manner.

Like this?

[Buzz Killington]

Brian Strength, Smith's attorney, said he could not comment "at this time" about whether additional Auburn players were involved.

This statement scares me for some strange reason.

[War Eagle!!!]

Like this?

I didn't know Drew Breeze moonlighted as an actor...

[jadennis]

Like this?

What is that?  And what happens next?

[AUChizad]

What is that?  And what happens next?

You people have never seen The Warriors?

I seriously think that's what this Jenkins kid was evoking (and Smith got the reference) if he was "holding and clanking two empty beer bottles in a threat­ening manner".

Or perhaps, a reference to a reference.

http://www.dailymotion.com/video/xfmgo_craig-mack-flava-in-ya-ear-remix_music

[The Prowler]

Smith says Jenkins re­turned with two empty beer bottles, "holding and clanking" them in a threat­ening manner, and Smith knocked them away out of self-defense.

The "knocking them away out of self-defense" happened after he had round housed Jenkin's "Posse"....did three cartwheels, then Smith "knocked them away out of self-defense".  Maybe we should rename Eric Smith to Bruce Lee Jr.