J.R. Smith's court moves draw foul cry
Lawyer wants Nugget to plead guilty to assault
By Alan Gathright, Rocky Mountain News (Contact)
Published July 17, 2008 at 3:17 p.m.
J.R. Smith accused of being in a fracas at a nightclub.
An attorney for a woman who accused Denver Nuggets guard J.R. Smith of assaulting her outside a Denver nightclub in October objects to his bid to get all charges dropped in exchange for doing community service and alcohol counseling.
"Essentially, he's trying to avoid accepting full responsibility for his actions," said Fred Bibik, the attorney for the 23-year-old Englewood woman.
The woman accused Smith of spraying her with champagne, grabbing her, tearing her dress and spitting in her face during the Oct. 13 closing-time fracas at Denver's DC10 club, 940 Lincoln St.
Smith, 22, is charged with assault, disturbing the peace and destruction of private property.
Bibik has told Denver city attorney officials the basketball player should plead guilty to the assault charge as part of the plea deal.
But Smith's defense attorney, David Lane, said his client denies anything but spraying the woman and two of her girlfriends with champagne inside the club.
"He got rowdy at a bar, basically, and sprayed a few people with champagne," Lane said.
"From day one he has accepted responsibility and recognized that, 'Look, I've got to keep myself under control. I can't be acting like an idiot anytime, anywhere,' " Smith's attorney added.
Completing counseling and community service is appropriate given Smith's conduct, the defense attorney said.
"This is an alcohol-fueled incident," Lane added. "So, he's willing to and desiring of going through a little alcohol program and maybe doing some community service. And then the city dismisses all charges."
City attorney officials could not be reached immediately for comment, but attorneys for both sides said prosecutors have offered Smith the diversion program.
But his refusal to accept responsibility for all of the alleged conduct may conflict with the written requirements of the diversion program. It allows a defendant to get criminal charges dropped by attending a "rehabilitative program," including counseling, educational programs, restitution and community service.
Yet the program requires that a "defendant accepts responsibility for his or her actions that resulted in the charges as indicated by the police report and/or witness statements," according to Smith's application for the program in court records.
The victim and her two girlfriends both gave police written statements, accusing Smith of spraying them with Moet champagne as the club closed.
A police officer wrote that he "observed the victim's torn dress - no other injuries."
As the club closed, Smith began to apologize outside, the women said. But when his buddies walked up, he "changed attitude," according to a police report.
"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."
A complicating factor for Smith is that New Jersey prosecutors are still reviewing a June 9, 2007, fatal accident where Smith drove his SUV through a stop sign, hitting another car head-on. Smith's best friend was thrown from the SUV and later died. Defendants can't participate in Denver's diversion program if they've been convicted of other crimes within seven years.
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July 17, 2008
3:35 p.m.
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freedomfighter1 writes:
Oh, what a great role model for the youth. I just wish I was overpaid, so that I could show how rich I was by spraying whoever I wanted with my expensive alcohol. I think we should give him a raise.
July 17, 2008
3:42 p.m.
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farsidefan writes:
And we traded Marcus Camby :(
July 17, 2008
3:46 p.m.
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AWM writes:
Leave J.R. alone! Of Course all charges should be dropped... he has a sweet cross-over and can shoot the 3-ball. We could only hope the nuggest would have the common sense to trade all trouble free players like Marcus and get more hooligans like JR & Melo in here.
We are these idiots going to realize that this is how people get shot (See Darrent Williams)? I guess this is the kind of behavior one should expect when you we give a kid that kind of money.
July 17, 2008
3:46 p.m.
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SickNTired writes:
Thugs!
July 17, 2008
3:53 p.m.
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Mike1969 writes:
They should change their name from the Nuggets to the THUGgets...That's what everyone I know calls them anyway.
July 17, 2008
4:23 p.m.
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bug1985 writes:
I am sick of all these overpaid thugs we let represent our state.
July 18, 2008
8:36 a.m.
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rkoehler writes:
Let's see, Michael Vick's associates killed pit bulls and Michael Vick had his career ended and is in prison. J.R. Smith drove through a stop sign, hit another vehicle, and his best friend was not wearing his seat belt and was thrown from Smith's vehicle and died because of Smith's actions but Smith has not been sent to prison and is making millions of dollars making money from playing a children's game? What a great deal!
July 18, 2008
8:51 a.m.
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gr8fuldude writes:
Another fine example from our Denver sports community.
July 18, 2008
8:54 a.m.
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fastnloose writes:
THE DENVER THUGGETS!
July 18, 2008
9:44 a.m.
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Armchair_Pundit writes:
Quote: "We are these idiots going to realize that this is how people get shot (See Darrent Williams)?"
Don't forget about Javon Walker.
http://ballhype.com/story/javon_walke...
So the attorney says this is an "alcohol-fueled" incident, so all should be forgiven if Smith does "a little" treatment. I've been known to have a drink or two, pretty sure I've never committed a battery on a woman because of it though. So if I shoot someone because I was acting "rowdy" and drunk at a club, does that mean I should be allowed to get a "little" treatment and sent on my merry way? Or do I have to go through "moderate" treatment since I drew blood?
July 18, 2008
9:46 a.m.
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NJDOLLFACE writes:
I am so sick and tired of people bashing JR Smith. Yes he is a young kid who was given a lot of money, yes he has made some not so good decisions in his four years. Sure he has made some not so good shots during key games, but does anyone EVER look at the good? Was anyone at the club when this took place for you to be passing judgment? As far as the accident is concerned, no one speeds on this board? Stop calling folks names, most of your kids probably IDOL Melo, AI and JR. Be more positive in your comments, quit tearing people down and be support. Denver could be like Seattle and not have a team.
July 18, 2008
9:53 a.m.
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freedomfighter1 writes:
NJ
from the story, it sounds like he assualted a young woman. Even if he didn't tear her dress (which I'm sure he did), he admitted to spraying her with alcohol. and your question-"no one speeds on this board?" Yes, I may speed from time to time, but I do not speed, drink/drive and loose a friend. And if you read my post above, I was trying to sound as positive as I could. And Denver could be above all other cities and have a team full of players that we could call role models.
July 18, 2008
10 a.m.
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philvysor writes:
Freedom name 1 team that does? And I must say you are quite the angel.....
July 18, 2008
10:05 a.m.
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freedomfighter1 writes:
If you noticed, I said "above all other cities." I am not a role model for a city of youth either. But go ahead and excuse his behavior, maybe one day it'll be your daughter being assualted by a youth who looked up to people such as this.
July 18, 2008
10:24 a.m.
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truth22 writes:
Bug1895, regarding the overpaid thugs that "WE" allow to represent our state. Surely you are referring to our elected officials, right?
The Nuggets are a privately owned team that just happens to be based in Colorado. When and only if they ever win a championship most of the name callers here will be in the front row at their parade downtown. JMHO
July 18, 2008
10:43 a.m.
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rkoehler writes:
NJDOLLFACE You are so right! All young men assault women and and recklessly run stop signs while hitting another vehicle head-on and killing their best friends!
July 18, 2008
12:27 p.m.
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truth22 writes:
Dollface, what world do you live in? Are you that naive and shallow that you are giving JR, the benefit of the doubt? I wasn't there to see you type your asinine comment either but I am pretty sure that YOU did type it. Get a grip!
Signed, Reality.
July 18, 2008
1:13 p.m.
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NJDOLLFACE writes:
Who says he assaulted her? SHE DID RIGHT? But did she say what she did to make him, IF HE DID IT. He said he sprayed her with Moet, but did not touch her. But because her two GIRLFRIENDS said it, it makes it so? I give everyone the benefit of the doubt, because I was not there. So I cannot judge. You just ASSume he did it because it was in the paper. As far as the accident, I cannot believe you people actually think he wanted his friend to die. But someone mentioned that his friend did not have his seatbelt on, was that JR fault too? It happened, God intended for it to happen that way too. ANY bible readers? The judgement on this thing is crazy. If JR or any of the nuggets were doing a great job, none of this would be said.
July 18, 2008
1:18 p.m.
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freedomfighter1 writes:
NJ
Who said that he wanted his friend to die?
July 18, 2008
1:25 p.m.
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NJDOLLFACE writes:
It was a question? The comments lean towards, he ran the stop sign, he was speeding, so I guess he wanted this to happen. TRUST me when I say, I don't condone his actions. What I am saying is that society has placed these talented young men on a pedastal and when they do something incorrect, it is the same people that tear them down. It kills me. Are you a Thug because you are from the inner city and have tattoos? Then I guess I am a thug. And I am a woman. I drink, I have assaulted a woman, and I have sped before. Thank God no one was killed. See how simple that sounds
July 18, 2008
1:54 p.m.
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truth22 writes:
Doll, you are not a thug (simplistic maybe), you just continue to use poor judgement just as JR and other young adults do. Grow up!
July 18, 2008
2:11 p.m.
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NJDOLLFACE writes:
I am 41 years old, the point that is being missed is that MOST adults make the same mistakes, but are not being torn down the way this young man is.
July 18, 2008
2:30 p.m.
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freedomfighter1 writes:
Most adults have not taken a seat in the spotlight. If you want to take a position as a celebrity and be OVERPAID, then get ready to be judged. And you are a thug if you are a menace to society. Your from the city NJ, tell me I'm wrong when I say that his actions were disrespectful. You think rappers and the like who talk about pooring alcohol on women are complimenting them? Do youy think they poor it on their own mothers or sisters? What do you think JR would have done if I sprayed him in the face with some Moet? I think he would have been upset.
July 18, 2008
2:40 p.m.
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truth22 writes:
Agreed^^^^^^^
Dollface, you say that 'most' adults make the same mistakes?
Maybe in your circle of friends but not mine.
July 18, 2008
3:13 p.m.
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nonayerbsns writes:
NJDOLLFACE: Were you present for your mother's birth? I ASSume the answer to be 'no'. Do you, therefore, dispute its reality? Critical thinking sure would come in handy here.
July 18, 2008
5:28 p.m.
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WhatRUThnkg writes:
Well I was there, and I heard her say she is the one who started it, and when he tried to defend himself she said "He's F'd with a Bronco Wife I will take him for everything he got!" Yes, the alledged "victim" is the wife of a Denver Bronco Player, and she will sue anyone! Possibly she needs the cash because her dear hubby is about to be cut from the team?
She is the one who should be up on charges, I am not saying the Mr. Smith is an Angel, but then again Neither is "The Bronco Wife" far from it!!!!!!
July 18, 2008
5:28 p.m.
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vegasgirlliee writes:
I have news for all of you!! This person accusing the alleged "Thug" is married to a newly attained Bronco. I witnessed the account first hand and I saw an entirely different occurance. She was very out of line and she yelled from the top of the mountains.. "you don't know who you just messed with.. a Bronco Wife B****" So you tell ME who the "THUG" WAS!!!!!!!!!!!
July 18, 2008
5:43 p.m.
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candigrl writes:
You know I think this travesty has gone far enough! That "woman" and I use the term lightly was no victim! She was all up in his face as he was apologizing, she spit on him and when he tried to push past her her cheap top tore. He was not rough just trying to be a gentleman and avoid furhter confrontation. Then she shouted with the mouth of a truck driver calling him filthy names and claiming to be a Bronco Wife!!!! Great PR for the Broncos, they can't keep their player in line and the players' can't keep their spouses in line. This is just a cheap golddigger trying to get a free ride!
July 18, 2008
5:45 p.m.
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candigrl writes:
Oh, and where was this "bronco wife"'s husband????
July 18, 2008
5:50 p.m.
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vegasgirlliee writes:
probably out with J R's girlfriend!! heeeee
July 18, 2008
5:52 p.m.
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vegasgirlliee writes:
i wonder which bronco it is cuz he has a lot of drama on his hands..
July 18, 2008
5:57 p.m.
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vegasgirlliee writes:
then again, if it was indeed a bronco wife.. she should not be acting like that in public.. just as Mr. Smith.. am I correct or am I not people???
July 18, 2008
6:03 p.m.
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candigrl writes:
I have to agree with you vegas! She really has let this go to far, and of course why did the "justice" system let it get this far..... The Broncos and the Nuggets have a PR problem, Cut your losses now Shanny!
July 18, 2008
6:44 p.m.
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WhatRUThnkg writes:
Funny how none of us was contacted for a comment before all this was splashed all over the paper! Maybe if she REALLY is a Bronco Wife, it's Ole' Pat Bowlen's PR Machine at work????
that's the problem for these Celebs; they are under the microscope and everyone is waiting like vultures for them to mess up!
I bet ole JR has learned his lesson; he will probably just let anyone spit on him and verbally abuse him so he won't be accused of assualt.How about we just let it be, and let everyone go on with their lives, let golddigger get her cash cow somewhere else!
July 18, 2008
7:43 p.m.
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Dannyar writes:
"But someone mentioned that his friend did not have his seatbelt on, was that JR fault too? It happened, God intended for it to happen that way too."- NJDOLLFACE
So, God killed his friend?
"ANY bible readers?"- NJDOLLFACE
No, I prefer Science Fiction. It's sill fiction, but at least there is SOME science involved.
July 19, 2008
8:19 a.m.
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nuggets23 writes:
JR did not drink and drive when his friend got killed. you dont think JR feels remorse for his actions and misses his BEST FRIEND!?!? I think he feels bad enough and thinks about it everyday and doesnt have to worry about people that laugh and make jokes on the guy. He is a high-profile celebrity now with a TARGET on his back. People are going to try to mess with him. And now since this article came out, everyone here wants to use the cliche, "Im tired of these athlete/celebrities running around doing what they want" If you dont know the details, dont pass judgement.
July 19, 2008
8:52 a.m.
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vegasgirlliee writes:
i agree..... did anyone else witness this catastrophe in 'DA CLUB"?