Auburn running back Smith expected to turn himself in Monday

Auburn running back Smith expected to turn himself in Monday

Lee County Sheriff’s Office

Auburn running back Eric Smith, shown here in a mugshot taken early Friday morning after he was arrested for disorderly conduct, has been charged with assault and is expected to turn himself in to police Monday.

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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 nor 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, Fla., 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.

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Reader Reactions

Flag Comment Posted by AUfootball09 on August 24, 2009 at 12:17 am

tyate- You are never going to see the light, just go back to Tuscaloser’s Newspaper. 
A real gentleman will never hit a woman, no matter what kind of shoes she is wearing.  If I go put on high heels I am still a man, and if she has on work boots, she is still a woman. 
Of course college girls like to stir drama, I think it is actually on the entrance exam to all D1 schools.  But if she is instigating you to hit her, you have to keep your cool.  It is called self control.
Obviously, Upshaw gave his girlfriend more injuries than just trying to defend himself, or he wouldn’t have been arrested.  And if your football player can’t take a couple of slaps, he is in the wrong business. 
Nobody is calling for a lynching, just a little integrity.  I don’t even know why these two seperate cases were thrown in togther, but the damage is done. 
Look both guys screwed up. Both coaches handled it in house.  What is the big deal?  1 guy practices while the other doesn’t.  Who CARES!  Maybe we should spend some more time supporting our respective teams, rather than bringing the other one down.

Flag Comment Posted by tyates36854 on August 23, 2009 at 10:29 am

Seriously,

The only point you have made is that your comments are asinine and somewhat ignorant. You must be one of those left wing liberals who live and speak double standards.One that does not believe in the “rod of correction”. What would you like done to Upshaw? Firing squad, 50 years hard labor with no parole, or just lynch him?
This I KNOW from being a father of two college age daughters.. they love drama and they love to stir up the drama pot! I have told them if they step into a man’s shoes, they had better be ready to tote an a** whoopin’!
My oldest, beiing the tom boy that she is, loves to punch guys….I just hope she never gets punched back! If she does I will tell her “I told you so”!
And yes, I beat my wife twice a week just to keep her in line! LAMO, with a wet noodle that is!
Just like last night,I had my wife on her hands and knees begging me…to come out from underneath the bed and fight like a real man!

Flag Comment Posted by seriously? on August 23, 2009 at 9:11 am

Thanks for proving my point.

Flag Comment Posted by tyates36854 on August 23, 2009 at 8:32 am

Evidently you have not read all the story on Upshaw. First, the girlfriend’s father said she got what she deserved! It was the girlfriend made it a physical altercation and who was hitting Upshaw first. Upshaw grabed her arm and was trying to stop her from continuing to hit him.
No, I am NOT an advocate of men hitting women,however, I have had many women tell me that when they hit a man, they are stepping into a man’s shoes! In addition, I have had women tell me they purposefuly tried to make men hit them.
For Upshaw’s sake, there was a police officer who witnessed the incident, It was not Upshaw, all alone, acting out violently. Many probably think Saban slapped Upshaw on the hand and told him not to do it any more. The opposite is true. Saban does handle problems “in house”, I am sure Upshaw is paying a price that only he, Saban and his fellow teammates know about.
A good father handles his affairs “in house”. I know I don’t send my kids to someone else to punish them for their wrongs, I do it myself, my way, in MY house!
However, I still think it’s terrible that Smith was doing his homework assignment on a fellow, enebriated classmate. Who better to coldcock than a drunk AWBARN classmate… Reminds me of Democrats, leave them alone long enough and they will devour each other!

Flag Comment Posted by seriously? on August 23, 2009 at 7:25 am

He probably will get time off from football…unlike Courtney who was back at practice the same day. Glad to know that some folks have no problem with violence against women though. Very typical.

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