THE VIRGINIAN-PILOT
Copyright (c) 1996, Landmark Communications, Inc.
DATE: Saturday, January 13, 1996 TAG: 9601130302
SECTION: LOCAL PAGE: B3 EDITION: FINAL
SOURCE: BY MARC DAVIS, STAFF WRITER
DATELINE: NORFOLK LENGTH: Medium: 66 lines
A nightclub customer who saw a bouncer break the jaw of baseball star Glenn Davis in 1993 testified Friday that Davis never touched or threatened the bouncer before the bouncer punched him three times.
The witness said that Samuel C. Hampton, a professional heavyweight boxer, celebrated immediately after the beating by raising his fists in the air and letting out a whoop in front of a crowd of spectators.
The testimony came in Norfolk federal court from a former Navy man, Michael Whelan, who was at Club Rogues, a now-defunct Oceanfront bar, that night in June 1993.
His testimony came in the second day of a civil trial. It supports Davis' claim that Hampton is guilty of assault and battery. Davis is suing Hampton and Club Rogues for $5.35 million.
Davis, a former major-league baseball player, was making $3.75 million a year with the Baltimore Orioles at the time of the beating, but had been demoted to the minor leagues just days earlier.
Whelan's testimony Friday is the first time a witness has directly corroborated Davis' version of the fight. Whelan did not testify at Hampton's criminal trial in 1993 because he was on deployment. He came forward later.
At the criminal trial, Hampton was acquitted of misdemeanor assault and battery after Davis produced no witnesses to support him.
Hampton and some other witnesses testified at that trial that Davis had threatened to kill Hampton and had either grabbed the bouncer by the throat or pushed his finger under Hampton's chin before the bouncer punched him.
On Friday, however, Whelan said it didn't happen that way.
Whelan was at the bar with two friends when the fight broke out around 1 a.m. in the club's parking lot. Davis and Hampton agree that the fight began when Davis tried to break up a fight between a teammate and another bouncer, and Hampton pulled Davis away.
Whelan said he arrived in the parking lot as Davis and Hampton were yelling at each other, face-to-face.
He said Hampton was standing with hands on hips while Davis wagged a finger at the bouncer and shouted, ``I'll have your job! You don't know who you're f-----g with!'' He said Hampton yelled back, ``You don't know who you're messing with!''
At that moment, Whelan testified, a woman in the crowd yelled out, ``That's Glenn Davis. Don't hurt him.''
The bouncer turned toward the crowd, Whelan said, then quickly whirled around and punched Davis hard in the face. Davis fell to the pavement and did not get up before Hampton punched him twice more in the face, Whelan said.
Then, Whelan testified, Hampton thrusted his fists into the air and shouted, ``Whooo!''
Another witness, Eric Sutherland, the bar's valet parking attendant, testified Friday that Davis wagged his index finger in Hampton's face just before the beating, perhaps touching the bouncer's nose, but did not swing at Hampton or lay a hand on Hampton before the bouncer slugged him.
A third witness, bouncer Rodney Johnson, testified that Rogues' security manager had instructed all bouncers not to punch customers.
The jury trial is expected to continue through next week. ILLUSTRATION: Photo
Glenn Davis
KEYWORDS: ASSAULT TRIAL by CNB