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The man left bloodied by a weekend altercation involving Fox Sports broadcaster Mark Sanchez has sued the former NFL quarterback and Fox Corp. in Indianapolis state court, saying Sanchez instigated the incident.
The Monday lawsuit from Perry Tole, 69, makes claims of assault and battery against Sanchez, and of negligent hiring, retention, and supervision against Fox. It seeks an unspecified amount of damages to be determined at trial, plus attorney’s fees and other relief as deemed just by the court.
The high-profile incident originally prompted misdemeanor charges of battery resulting in injury, public intoxication, and unlawful entry of a motor vehicle, but on Monday Marion County prosecutor Ryan Mears added a new allegation of a felony charge of battery resulting in serious bodily injury. Sanchez was arrested while in the hospital for “battery with injury, unlawful entry of a motor vehicle and public intoxication, all of which are misdemeanors,” the Indianapolis Metropolitan Police Department announced Saturday afternoon.
Although the fight ended with Sanchez getting stabbed and sent to the hospital, descriptions of the incident—from both prosecutors and Tole’s lawsuit—paint a picture of Sanchez being the original aggressor. According to the complaint, Tole was parked in an alley between the Marriott and Westin hotels in Indianapolis to remove grease from a commercial kitchen, when Sanchez, appearing intoxicated, approached and “instigated an altercation.”
The lawsuit claims Sanchez told Tole he was not allowed to be where he was, tried to enter Tole’s vehicle without permission, and blocked him from using his cellphone to contact his manager.
“The situation escalated when [Sanchez] physically blocked and shoved [Tole], leading [Tole] to use pepper spray in self-defense,” the complaint says.
The pepper spray did not stop Sanchez, who continued his aggression, and ultimately Tole was left with “significant injuries to his head, jaw, and neck.” When police arrived, Tole was bleeding “profusely,” the complaint says.
When detectives questioned Sanchez at the hospital, the Fox analyst “said he did not know who did this to him or where it happened,” according to an affidavit made public by the Marion County Sheriff’s Office.
An amended probable cause affidavit released Monday featured a new paragraph stating that the victim said he “suffered a severe laceration to the side of his face, penetrating all the way through his left cheek,” and that the pain eventually reached a 10 out of 10. Gruesome photos have been circulating online of the man’s injuries.
Sanchez intends to plead not guilty, according to a court document posted by local Fox reporter Angela Ganote.
Ganote also posted a statement Monday evening from Nick Sanchez, Mark’s brother: “This has been a deeply distressing time for everyone involved. Mark and our family are incredibly grateful for the concern, love, and support we’ve received over the past few days. Mark remains under medical care for the serious injuries he sustained and is focused on his recovery as the legal process continues. We would like to extend our heartfelt thanks to the first responders and medical staff.”
The suit says Sanchez “intentionally and unlawfully made harmful and offensive contact” with Tole that caused “serious bodily injury,” and that Fox should have known about Sanchez’s “unfitness as an employee, propensity for drinking, and/or harmful conduct.”
As of earlier Monday, Sanchez was still in the hospital, Ganote reported, contrary to reports Sunday that he was released from the hospital and taken to a local jail.
Fox did not immediately respond to a request for comment.
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