EDIT

Edited January 28, 201511 yr by coach14

Word is there is a video tape of the incident. That would end much of the speculation and answer a lot of questions.

New details released by the Richmond Police Chief:

 

“On 01/25/2015, at approximately 5:00 P.M., a complainant reported to Richmond Police that he had been assaulted at a local bar by several male subjects.

 

“The complainant reported that he was at Jerzee’s, 122 E. Main Street, at approximately 12:30 A.M. when he was grabbed by three to four males who began hitting the complainant repeatedly in the head. At one point the complainant reported losing consciousness. Following the assault, the complainant attempted to walk back to EKU, where he is a student. He was accompanied by two females who were attempting to aid him. Eventually an ambulance was summoned and the complainant was taken to Baptist Health hospital for treatment.

 

“The complainant reported that he suffered cuts under his right eye, above his left eye, and to his head that required closure by stitches or staples. He also suffered a broken nose and broken bones in and around his right cheek bone and orbital socket. The officer taking the report observed severe swelling and bruising to the complainant’s face.

 

“The investigation is currently ongoing with interviews of witnesses being conducted and other evidence being analyzed. Once the investigation has been completed and the facts are fully established, the department will take the appropriate action with regard to the filing of charges against any person deemed to be culpable. Until that time, the department will have no further comment on the matter. “

 

No mention of getting hit with a bottle.

No mention of getting hit with a bottle.

 

The bottle being broke over his face comes from witness statements. The police in their statement said they are in the process of interviewing witnesses and would have no further comment until the evidence is complete.

The bottle being broke over his face comes from witness statements. The police in their statement said they are in the process of interviewing witnesses and would have no further comment until the evidence is complete.

 

If there is actually video these witnesses are less important.

Sorry, but whomever started it doesn't matter. The guy that took a beer bottle to the guys face is in a world of trouble. That's assault with a deadly weapon.

 

That does bring up a good question on how a jury would see it. If one guy starts it and the other guy uses a bottle to defend himself, how harsh do you go with the punishment? Obviously the answer would depend on if the guy was really defending himself or not and how he wielded the bottle. If it goes to trial it will be interesting to follow the testimony and hopefully video of the altercation. No matter what else the guy who used the bottle should be out of the program.

 

 

Regardless of what it might be under the exact letter of the law, if the video shows Scurry instigating it, and if the video is bad enough, then I have a hard time thinking that the jury sees it, looks at the size of the guy in the courtroom, hears the penalties for assault with a deadly weapon, and then decides to throw the book at the smaller guy who didn't start it, or at least not be at least somewhat more hesitant to because they think "self defense". Obviously, that's assuming some things that we don't really know, but I can see how this would go south.

 

Don't know how it is in Kentucky, but in some States, a Defendant can use character evidence to show that the victim had a violent character (read: a propensity for violence) as a means of substantiating a self-defense claim. That's one of the exceptions to past instances of conduct that might not otherwise come in.

 

Either way, the whole initial aggressor thing is going to be huge, if nothing else, at least in terms of self-defense claims. That said, there's a difference in self-defesne and using an unreasonable force (i.e., think a wholly disproportionate amount of retaliation), but you'd at least think there's going to be a lesser range of penalties and/or more leniency if the unreasonable force is used in self-defense vs. it not.

 

The whole instigation issue is probably going to be to what degree each was involved. I have a hard time thinking that Scurry was some innocent victim in the wrong place at the wrong time when some underage guys who'd already been in trouble decided to hit someone with a bottle unprovoked. Same time, it's probably not going to be some kind of clear cut self-defense, whoever was unquestionably justified in swinging a bottle because they feared for their life and that was the only means of escape to a fight they had absolutely no role in either.

 

Regardless, I'll stand by saying that the video is probably going to be huge in terms of how the rest of it plays out and that whoever takes fault for instigating it is going to lose quite a bit of ground in their position.

Cops and courts hate to have to fool with bar fights.

Word is there is a video tape of the incident. That would end much of the speculation and answer a lot of questions.

 

Also video tape of the dorm assault. Described by EKU police as "very disturbing". Potential serious charges could be pending.

No one actually knows what happened. We can't even confirm 100% that the dude was hit with a beer bottle. Yet we got 16 pages.

No one actually knows what happened. We can't even confirm 100% that the dude was hit with a beer bottle. Yet we got 16 pages.

 

It would be 30 if they wore red...

IMO until the true details of this event comes out, the main problem Barker has right now is who he is surrounding himself with. I don't remember correctly however even with the gun incident, did he ever shoot the pellet gun or was he just with the guys who were? I don't remember the exact details on it. This situation again it sound like Baker not Barker was the one who hit the guy with the bottle and we are not sure how involved Drew Barker was in the fight if at all. However we do know that he did get suckered punch himself later in the night. So for the ones saying he is like Pike or needs equal punishment as the others and needs to be gone and nothing but trouble, it is not exactly the same situations. Barker does seem to put himself in bad spots by hanging with people who have put him in bad spots, which is on him for making that choice though. So he needs to be smarter on who he hangs with apparently. However disagree with people saying he needs severe and equal punishment. Now if details come out that he was a big part of the beating the EKU player took, then things change though. However I don't think that will be true, but we will see.

 

As for people saying its obvious the players went back to the dorm looking for some more trouble, I really don't get how or why you think that? I think what Hammertime said pretty close to exactly why they were going back to the dorms.

Also video tape of the dorm assault. Described by EKU police as "very disturbing". Potential serious charges could be pending.

 

What is the extent of Drew's injuries? Has that been reported anywhere?

As for people saying its obvious the players went back to the dorm looking for some more trouble, I really don't get how or why you think that? I think what Hammertime said pretty close to exactly why they were going back to the dorms.

 

Who said that? I said for him to go back to the football dorm, after his buddy wore out a football player, was asinine. Regardless of the reason, and I think it is safe to say it is 99.9% likely that it wasn't to cause trouble.

What is the extent of Drew's injuries? Has that been reported anywhere?

 

No serious injuries.

It would be 30 if they wore red...

 

Nah, when was the last time UL got 30 pages. On anything.