Jets star Brandon Marshall wins civil assault suit

Mark Lennihan/AP

Brandon Marshall left the courthouse once the case went to the jury and did not return, so he was not in the room when the verdict was read.

Jets wide receiver Brandon Marshall won the civil suit levied against him by a California woman in Manhattan federal court for assault and battery on Friday.

Christin Myles, who accused Marshall of punching her in the face outside the Marquee nightclub on Mar. 11, 2012, sought at least $ 75,000 in damages for her medical expenses and her pain and suffering.

The jury deliberated for just over an hour before reaching a verdict in Marshall’s favor.

Asked if it was close, one juror said, “No.”

“The video was grainy,”  said the juror, who did not wish to be identified. “There was argument that he may or may not have thrown a punch. But there was no evidence that the punch is actually what injured her.”

Marshall, 32, left the courthouse once the case went to the jury and did not return, so he was not in the room when the verdict was read. Myles was, and remained still as the jury indicated it had ruled against her. About a half hour after the verdict was read, Marshall tweeted he was already in the air on the way to Chicago.

Marshall’s attorney, Harvey Steinberg, said Marshall “bears no ill will toward Ms. Myles.”

Jefferson Siegel/New York Daily News

Christin Myles, who accused Marshall of punching her in the face outside the Marquee nightclub on March 11, 2012, sought damages for medical expenses and her pain and suffering.

“He stands up for what he believes is right … and he wasn’t going to pay a penny to get out of this because he didn’t do anything wrong,” Steinberg said. He said he was bound by the court not to discuss if there had been a settlement offer but insinuated that there had not been one.

Marshall’s attorneys said in court they will file a motion to recoup costs from the trial.

Myles’ attorney, Joshua Moskovitz, declined comment after the trial.

The jury decision Friday brought an end to an interesting four-day trial involving the star receiver. There were many facets of the case, but the central piece of evidence was a blurry security tape from outside the club where the alleged punch occurred. During his closing argument, the plaintiff’s attorney extensively showed back-to-back frames from the video of Marshall’s arm cocked back and then thrust forward. At the beginning of deliberation, the jury requested copies of the videos.

Multiple media outlets, including the Daily News, requested the video of the alleged punch be released, which could happen in the next few days.

Is it possible that Marshall, even after no criminal charges and a victory in civil court, could face NFL discipline if the video surfaces? That remains to be seen, partly because the NFL is so unpredictable when it comes to its discipline. The video does appear to show Marshall throwing a punch, but on the other hand, the incident did occur four years ago and it is difficult to see if the potential punch lands, as the juror indicated.

Jesse Ward/for New York Daily News

Myles was seeking $ 75,000 in damages, but the jury ruled against her.

Steinberg spent some of his closing statement on Friday morning attacking Myles’ credibility, suggesting that she was drunk and that her memory and decision-making was affected. He suggested that Marshall’s only fault was being “at the wrong place at the wrong time.”

Moskovitz countered by noting that Marshall, despite claiming to be scared on that night, could have left but didn’t.

“They had an opportunity to retreat,” Moskovitz said. “They stayed to fight.”

The trial produced its fair share of headlines, starting with Myles crying on the stand on Tuesday as she recounted the punch she alleged that Marshall delivered. On Wednesday, it was revealed that Marshall’s friend, former Jaguars receiver Mike Sims-Walker, offered to “take the blame,” if need be. And then on Thursday, Marshall himself testified that he feared for his life that night outside the nightclub.

And while there were plenty of discussions of secondary issues — from Myles swinging at Sims-Walker to Marshall’s wife getting hit in the face by a bottle — ultimately the case revolved around that grainy video, which the jury concluded did not make it clear enough that Marshall was the one that hit Myles. Since both sides stipulated that Myles was indeed punched, the defense offered two other possible culprits: Sims-Walker and another, unknown woman, who appeared while Myles was on the ground and appeared to strike downward.

Marshall was on the Dolphins at the time of the incident, but was dealt to the Bears a couple of days later. Last offseason, he was traded to the Jets. He revitalized the Jets’ offense, catching 109 passes for 1,502 yards and 14 touchdowns in 2015. 

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