[Elvis]

http://www.bgdailynews.com/news/nfler-t ... ce81d.html

NFLer Tyler Higbee pleads guilty to felony assault, avoids jail time

DEBORAH HIGHLAND [email protected]



Current Los Angeles Rams tight end and former Western Kentucky Hilltopper Tyler Higbee pleads guilty to one count of assault under extreme emotional disturbance on Friday, July 14, 2017, at Warren County Justice Center. (Austin Anthony/[email protected])

Former Western Kentucky University football standout and current Los Angeles Rams tight end Tyler Higbee pleaded guilty in Warren Circuit Court on Friday to assault under extreme emotional disturbance.

Higbee said little during the hearing beyond "yes sir" to questions asked by Warren Circuit Court Judge Steve Wilson.

Bowling Green Police arrested Higbee, 24, in 2016 on charges of second-degree assault, second-degree fleeing or evading police and alcohol intoxication in a public place following an April 10 incident in which he punched a Saudi national, Nawaf Alsaleh, in the face. The assault resulted in Alsaleh sustaining a concussion and brain bleed, according to city police records.

Under the plea agreement, Higbee avoids jail time if he successfully completes a minimum of five years pretrial diversion. During the diversion period he must pay undisclosed restitution to the victim. He must not violate the penal code or the Controlled Substances Act, must remain drug and alcohol free, be subject to random testing, not own or possess any firearms and perform 250 hours of community service work. The charges of public intoxication and fleeing police were dismissed as part of the plea.

Assault under extreme emotional disturbance is "many times referred to as a heat of the moment assault," Warren County Commonwealth's Attorney Chris Cohron said.

If Higbee fails to successfully complete the diversion, he could serve two years in prison. At the end of the diversion period, once successfully completed, the case can be dismissed and expunged from Higbee's record.

"The main thing we want to convey is Mr. Higbee as well as the victim are happy to put this behind them both. Mr. Higbee wishes him continued good health, and we believe it's a fair outcome given the circumstances," Higbee's attorney Brian Lowder said, adding that Alsaleh has since returned to Saudi Arabia.

At the time of the April 2016 incident Higbee told police he and his girlfriend had been to Dublin's Irish Pub on State Street where they encountered Alsaleh, who Higbee said bothered his girlfriend, police records show. Higbee said Alsaleh rubbed his head against his and his girlfriend's faces and was told to stop multiple times.

Higbee and his girlfriend then left and went to the parking lot of Tidballs on Morris Alley to buy food at the Shogun food truck when Alsaleh approached the couple again, records show. Higbee said Alsaleh got into his personal space and he hit Alsaleh one time, knocking him out, records show.

Alsaleh was treated at The Medical Center and then flown to TriStar Skyline Medical Center in Nashville after tests showed that he had suffered a concussion as well as a brain bleed.


Witnesses at the scene told BGPD officers that Alsaleh’s hands were down and that two white males were arguing with him before the punch, with one of them yelling ethnic slurs at him.

Lowder said Higbee and Alsaleh have since shaken hands and Higbee has apologized to Alsaleh for the assault.

"The racial slurs were not made by Mr. Higbee," Lowder said. "The person who made the comments has acknowledged responsibility for having said the things he said."

Cohron said the state worked with the victim's attorney, Steve Downey, to ensure that a restitution plan was in place before resolution of the criminal case.

"It is not unusual in cases where there is significant injury for us to allow the resolution of restitution to be addressed up front so as it would be in the best interest of the victim," Cohron said.

Downey was not immediately available for comment.

[majik]

Can the NFL suspend him even though the incident occurred prior to his entry into the NFL?

[dieterbrock]

Can the NFL suspend him even though the incident occurred prior to his entry into the NFL?

I don't see why not. The league knew of this altercation prior to the draft, which is why he slipped. The team that drafted him knew a conviction was likely.

[PARAM]

Sounds to me like "heat of the moment" about covers it. It also sounds like both are anxious for this to conclude. I would think the NFL, if using common sense, would see that Higbee keeping his job is the best situation for meeting the conditions of the court decision. Suspend him without pay and giving him nothing but idle down time raises the possibility he doesn't meet the conditions. It happened before coming into the league and there's been no account of him stepping 'out of line' in two seasons. I sure hope common sense prevails.

On a side note.....if some knucklehead were rubbing his head on my girlfriend and I after multiple warnings to stop, I'd think getting punched in the face might be a possibility. Or a bottom of Heineken across the forehead, depending on his size comparable to my size (not in Higbee's neighborhood). If all that is true.....the events in the bar and then approaching them in another establishment's parking lot, at what point does the victim have some accountability?

[snackdaddy]

I don't see why not. The league knew of this altercation prior to the draft, which is why he slipped. The team that drafted him knew a conviction was likely.

I wonder if there is any stipulation regarding this situation in the CBA? He wasn't a member of the league when it happened, but Goodell has the power to hand down punishment. I hope not, but it seems like Goodell has judge, jury and executioner power. He could if he wanted to. Hopefully he'll view it as a dumb college kid who had one too many and did something stupid.

[dieterbrock]

I wonder if there is any stipulation regarding this situation in the CBA? He wasn't a member of the league when it happened, but Goodell has the power to hand down punishment. I hope not, but it seems like Goodell has judge, jury and executioner power. He could if he wanted to. Hopefully he'll view it as a dumb college kid who had one too many and did something stupid.

The alternative is the league not allowing him to play until his hearing is held.
They should absolutely have the right to punish a player, if a player commits a violent crime, it could take years until he's sentenced. Doesnt deserve protection that it happened prior to playing for the nfl

[snackdaddy]

The alternative is the league not allowing him to play until his hearing is held.
They should absolutely have the right to punish a player, if a player commits a violent crime, it could take years until he's sentenced. Doesnt deserve protection that it happened prior to playing for the nfl

Has a precedence been set for that situation? Plenty of college players have been drafted with a criminal record before they were drafted. Not all have been settled when they were drafted. Has Goodell ever punished any of them?

[dieterbrock]

Has a precedence been set for that situation? Plenty of college players have been drafted with a criminal record before they were drafted. Not all have been settled when they were drafted. Has Goodell ever punished any of them?

For violent crimes?
This is somewhat new ground in light of the Ray Rice fiasco.
The league has attempted to do an about face on protecting these guys.

[BobCarl]

...

[Hacksaw]

2 receivers down before the 1st day of camp.