Zechariah Smith, a 24-year-old Ball State University student has filed a lawsuit, Sunday, in the Delaware Circuit Court 5 against two campus football players for an alleged attack without cause.
Smith suffered a broken jaw in the fracas.
The lawsuit says that the university football players- Kenneth Spencer Lee Jr. and Travis Dartanion Freeman, attacked Smith in a Muncie bar in Feb. 2012 . Smith was waiting in line to use the men's bathroom at the bar that night when Lee accused him of making derogatory comments.
Then Lee grabbed Smith by the throat and punched him in the face. Lee was later told to leave the tavern immediately by an employee but retuned shortly with Freeman, who continued to attack and assault Smith even after he fell to the floor.
Warsaw attorney Daniel Vanderpool claims that his client, Smith, never made any offensive comments.
The football players, aged 22, were arrested that night and charged with misdemeanor counts of battery resulting in bodily injury and disorderly conduct at Muncie City Court.
Last autumn, both football players signed an agreement with the Delaware County prosecutor's office to avoid prosecution.
If the men displayed good behaviour and did not get involved in any problem or controversy for a year, they were told that the charges against them will be dismissed.
Ball State University is a state-run research institution comprising of more than 22,000 students, out of which 4,000 are graduate students.
