J.R. Smith's accuser: Police told us to leave before we got shot

Alan Gathright, Rocky Mountain News

Tuesday, October 30, 2007

The woman who accused Denver Nuggets guard J.R. Smith of assaulting her at a nightclub said she tried to file a police report but was warned by an officer to leave before someone shot her.

The 22-year-old Englewood woman and two girlfriends drove to downtown police headquarters to file a complaint and written statements after the Oct. 13 closing-time fracas at Denver's DC10 club, 940 Lincoln St.

"The police at the scene told us to leave before we got shot at by the other party," the woman wrote in her statement.

The woman's attorney, Fred Bibik, said his client and her friends were hustled into their car by club security guards after Smith allegedly twice spit in the woman's face and grabbed her, tearing her dress.

The woman said she told a Denver police officer wearing a "beanie" knit cap at the nightclub that she wanted to file a police report.

The officer replied, "You guys got to get out of here or somebody might get shot," said Bibik, speaking on his client's behalf.

A friend of the woman also said in her statement that police urged them to leave. "We were then pushed into our car and told to leave by the police."

Denver police spokesman Sonny Jackson said it will be difficult to confirm the woman's account if she can't supply an officer's name or badge number.

"She needs to give us something to go on," he said.

Police could not immediately determine if an off-duty police officer might have been working as a paid security guard for the club.

Meanwhile, Smith's attorney entered a not guilty plea for his client Monday and questioned the credibility of the woman's allegations.

"J.R. Smith, as is true of all professional athletes, is a prime target for people to make false allegations against," said defense attorney David Lane.

Lane said someone was throwing bottles at the Nugget's player when he exited the club and "J.R. Smith used admirable restraint in dealing with this situation."

The three women give a different account.

Smith doused them with Moet champagne as they danced at the club, according to their police statements.

As the club let out, Smith briefly apologized to the women outside, but his mood changed when his friends walked up, according to the Englewood woman's and a friend's statements.

"He started cussing and spit on me," the woman wrote in her statement. "(He) then proceeded to tell my friend ... that he was going to beat her up. As I'm trying to settle both parties down, J.R. spits in my face again, grabs me and rips my dress."

As the women spoke to an officer at police headquarters about 3:30 a.m., a private car arrived carrying Smith, according to Bibik and the police report.

The 22-year-old basketball player told the officer "he was very (drunk and) doesn't remember everything" that happened at the club, according to the police report.

Neither police nor his attorney could explain how Smith happened to arrive at police headquarters almost two hours after the nightclub disturbance and as his accusers gave their statements.

Smith was charged under his legal name, Earl J. Smith III, with assault, destruction of property and disturbing the peace.

"He got a ticket. It would be the equivalent of disorderly conduct," Lane said.

Smith has a Dec. 4 court date and Lane said he plans to seek a possible settlement of the charges with the City Attorney's Office by then.