Lawsuit filed against Auburn RB Eric Smith alleges 2 other football players involved
Published: November 17, 2009
Updated: November 18, 2009
A lawsuit filed against Auburn running back Eric Smith on Tuesday alleges that two other Auburn football players were involved in the August incident that left an Auburn University student unconscious and bloodied.
The lawsuit, filed by the victim Decari Jenkins, 22, seeks compensatory and punitive damages for the injuries and post-injury trauma he suffered at the hands of Smith, 19, and two unnamed Auburn players, according to a copy of the suit provided to the Opelika-Auburn
News by the Birmingham law firm Crew & Howell, P.C.
The suit is being filed in U.S. District Court in Montgomery.
Jenkins, a fifth-year engineering student, has “suffered and continues to suffer grievous and permanent injury,” according to the suit, including classic Post-Concussion Syndrome, which, along with the injuries, has “significantly impaired his ability to execute his education.” He also has substantial “hospital, diagnostic and medical bills,” according to the lawsuit.
The lawsuit says Jenkins and a friend were attending a function at the Lexington Hotel on Aug. 21 when he was approached by “two presently unnamed Auburn football players in a provocative and belligerent manner.” Jenkins’ friend stepped between the players and said: “We don’t want any trouble,” according to the lawsuit.
It goes on to state that Jenkins’ friend was then punched by one of the players and rendered unconscious. Smith “then approached (Jenkins) in a hostile and aggressive manner and slapped a drink from his hand,” the lawsuit claims.
Smith was then joined by his “cohorts” and all three began to “pummel Jenkins with hands and fists about his face and body.” Jenkins was able to escape, fleeing down an outside stairway toward the front of the hotel, the suit claims.
While trying to make a phone call with his back facing the main entrance of the hotel, Jenkins went “limp immediately,” as he was punched in the back of the head by Smith in front of police officers who were called to the scene, according to the lawsuit.
“Smith then kicked (Jenkins), turned away from the officers and casually walked away as if nothing happened, leaving Jenkins unconscious in a pool of blood,” the lawsuit says.
Smith was arrested and charged with disorderly conduct. He pled guilty and was granted youthful offender status, which effectively seals the case to the public. He later filed a countersuit alleging harassment against Jenkins, which was later dismissed with prejudice, according to the lawsuit.
Smith told officers at the scene that Jenkins punched him in the nose earlier in the night, according to a police report filed immediately after the incident. Smith “did appear to have blood coming from his nose at the time of the incident,” the police report says.
Smith missed nearly three weeks of practice and Auburn’s first game before returning to the team days before the Tigers’ second game of the season against Mississippi State. He has not missed any time since his return to the field and has received constant praise from coach Gene Chizik.
“We made a series of things that he’s still continuing to do that we felt like were going to be what he needed to do to get back,” Chizik said in early October. “And he’s been great.“
Smith has rushed for 99 yards on 20 carries. He is Auburn’s fourth-leading receiver with 17 catches for 225 yards.
An Auburn official said the athletic department had no comment on the suit.
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Reader Reactions
If I had not witnessed a judge give at least 10 criminals youthful offender status I might be inclined to believe this man (Smith) was given this status because he was an AU football player as stated in previous posts. The posting that I do believe is Lee County does grant a lot of Youthful Offender status requests. Call the District Attorney’s office find out when the next YOA hearings are and attend these hearings. These hearings are open up until the granting of the YOA status then everything is sealed. I was in the courtroom with a friend because he was beaten so severely by three individuals that he was hospitalized for 28 days with a Traumatic Brain Injury. He was actually in a coma for 18 of those days. He had life threatening injuries and continues to have problems due to the assault. These three people who live out on their own as adults ranged between 17 and 20 years of age. The assault was completely by surprise he was attacked when he stopped his vehicle at a stop sign. A grand jury indicted these people to stand as adults with the charge of second degree assault. Their attorneys then asked for youthful offender status and one of the Lee County judges granted the status! Every person that went before that judge that day was granted youthful offender status. I was amazed but I understand now why people continue to commit crimes, because they are never punished. Our judicial system lets it continue without any punishment. Now, these same people that assualted my friend have assaulted more people and have more charges filed against them. (To go with the numerous charges they have had in the past.) I feel as if Smith was granted YOA not because he was an AU football player but because that is just how we do things here in Lee County, Alabama. I am intested in hearing what the judge does in my friend’s case when it finally goes to court.
I agree with you opelikalee,
These guys are being given youthful status because they are AU players…Depth is already a problem on the plains.
I have also read that Lee Co. is one of the leading counties in the state that grants youthful offender status.
I can’t help bet believe that they are being aided by a biased judge, who probably has ties to AU!
If it were just and average Joe then they would be prosecuted as an adult!
THUG U!
First, I would like to know how a college student could be listed as a youthful offender. If you are out of high school you are an adult not a child. Second, why did the university let them remain on the football team. This was a simple case of assualt and battery. They football players should be tried as adults and prosecuted as adults not children. If they are children they need to go home and let mama and daddy be held responsible for their actions and they should be sued and held responsible for their childrens actions, but as always if you are a football player at Auburn you can get away with anything.
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