THE VIRGINIAN-PILOT
Copyright (c) 1996, Landmark Communications, Inc.
DATE: Tuesday, July 30, 1996 TAG: 9607300251
SECTION: LOCAL PAGE: B1 EDITION: FINAL
SOURCE: BY STEVE CARLSON, STAFF WRITER
LENGTH: 130 lines
Golden State Warriors general manager Dave Twardzik and others in Joe Smith's inner circle on Monday said the basketball star told them he was not involved in a bar-room brawl last week.
Smith has been advised by his lawyer not to talk to the media. Two women who were at the nightclub described the scene in detail on Monday, but neither could identify the person who cut male dancer Carlton Coney.
Smith, 21, was arrested Sunday and charged with malicious wounding, a Class 3 felony punishable by five to 20 years in prison and a fine of up to $100,000. Coney, a dancer at Ridley's Restaurant and Lounge in Chesapeake, contends Smith struck him with a beer bottle during a melee about 1 a.m. Friday, opening a gash that required 22 stitches.
``Joe's side of the story is a lot different than what I read in the paper,'' said Twardzik, who flew to Norfolk from Oakland on Saturday to talk with Smith. ``It certainly was well worth the trip to come out.''
Twardzik would not elaborate on their discussion, except to say that Smith insisted he walked away when the brawl broke out. Still, Twardzik acknowledged that it's disconcerting to see the Warriors' franchise player facing a felony charge.
``You're always concerned until the situation is finally resolved,'' Twardzik said.
Twardzik received a phone call about Smith on Friday night and was on a plane to Norfolk on Saturday morning. He met with Smith late Saturday afternoon, talking while they drove around town in Twardzik's rental car.
``I think he was glad to see me,'' said Twardzik, who returned to Oakland on Sunday. ``He was very, very shook up.''
Smith's lawyer, David Delpierre, said Smith has cooperated fully with police in their investigation. He disputed that Smith ran from the scene, as the victim alleged.
``Joe spent a good 15 minutes with (manager) Mac Ridley outside the club trying to sort out what happened,'' Delpierre said. ``Joe explained there was a fight, it was instigated by others and involving others, and Joe was not involved in the fight.
``At this point we only have allegations being made on one side. The police felt obligated to act on those allegations based on the testimony of two people. Only one side of the story has been told - and that side has to be proven.''
Smith wants to tell his side publicly, Delpierre said, but the lawyer is advising Smith to remain silent and let the legal system work.
``Once the facts are fully developed, we're confident Joe's name will be cleared,'' Delpierre said. ``People should not infer anything by his silence. The system is designed to bring the facts to the surface, and I'm confident that it will.''
The incident has become a national news story. The negative publicity could hinder Smith's hopes of becoming a major marketing force. A representative for Nike - which has an estimated $5 million, five-year deal with Smith - did not return phone messages.
Twardzik declined to comment on what impact a felony conviction might have on Smith's $8.53 million, three-year contract with the Warriors.
``He's very concerned,'' Twardzik said of Smith. ``I'm sure this is the first time he's ever experienced anything like this. You look at his past, he's never been in any kind of trouble before.
``I'm not going to philosophize, but I'm sure there's a lesson to be learned, no question about it.''
Smith might have foreshadowed that lesson in an interview in May, when he returned to Norfolk following his NBA rookie season: ``I have gotten a lot smarter with the people I hang around with and the way I carry myself when I'm out. I'm a young guy, I like to go out and have fun, but there are only certain things I can do.''
Greg Johnson, who grew up with Smith in Lamberts Point and played with him at Maury High School, was not with Smith at the club. Johnson said he has talked to Smith twice since and is confident Smith did not commit the crime.
``He's 6-foot-10, he's the first person you're going to see in a crowd,'' Johnson said. ``He said he didn't do it, so he didn't do it. It's unfortunate it happened and he was there, but he's being singled out because of his status.''
The incident happened in the midst of a weeklong family reunion organized by Smith's mother, Letha, and her children.
``It's quite upsetting,'' Letha Smith said. ``Nothing like this has ever happened to our family.
``Joe did not do that. He's not that type of person.''
Two women who were at the club Thursday night said the group with Smith for his 21st birthday celebration repeatedly disrupted the male dancers onstage. However, Janine G. Williams of Virginia Beach and Jennifer A. Taff of Hampton could not identify Smith as the one who struck Coney.
Smith and a group of 10 to 15 friends arrived at the club in the South Norfolk borough of Chesapeake at about 9:30 p.m., the women said. Williams said Smith was introduced on stage by the disc jockey about 15 minutes later, and Smith told the crowd he was ``ready to dance.''
But it was ladies' night, and a male exotic dancer show would last until about midnight, Smith was told. Williams said Smith and his friends began drinking champagne.
``They were opening bottles of champagne and purposely shaking it and letting it squirt all over everyone,'' Taff said. ``People were getting upset.''
As the evening progressed, the women said, the group got louder and then started throwing things. Williams said a plastic ketchup bottle and an ashtray were hurled onstage, and then an open beer bottle nearly hit one of the dancers, spilling beer on the stage.
``They were acting crazy, they should have been out of there,'' Williams said.
Said Taff: ``They were highly annoying and causing trouble all night, and should have been kicked out much earlier.''
As midnight approached, Williams said, the group shouted to get the dancers off the stage and chanted a countdown to Smith's birthday. The DJ said happy birthday to Smith, who Williams said led a parade of his friends onto the stage, where they were dancing behind the exotic dancers.
Taff said security led them off the stage, but moments later the show ended without the customary grand finale, and the dance floor /stage was open to everyone.
The crowd was shoulder-to-shoulder, Williams said, and soon there was a commotion. She ran to a corner to get out of the way, only to have a fight erupt about five feet from her.
``There were 10 guys stomping on (Coney) and beating him,'' Williams said. ``They pushed him over a railing and they were punching him and kicking him.''
Williams said as Coney tried to cover up his head and face, someone picked up a large daiquiri glass - not a beer bottle, as the dancer has said - and slammed it against Coney's exposed shoulders.
``It's all a blur,'' Williams said. ``Next thing I know, all I see is blood gushing down his back. The blood is coming out his back like a fountain.
``They were beating him so bad. I was so scared, saying, `Please don't let him be dead, please don't let him be dead.' ''
Coney, reached at his home Monday, said he can no longer speak about the case. Coney said he has hired the law firm Breit, Drescher & Breit to represent him.
That could indicate Coney is planning a civil suit. As a victim of a crime, Coney would not require representation in a criminal case. ILLUSTRATION: Color photo
Joe Smith
KEYWORDS: ARREST MALICIOUS WOUNDING by CNB