Brandon Marshall’s accuser cried on the stand Tuesday as she recalled being punched in the face outside a Manhattan nightclub in 2012 during the first day of a civil trial against the Jets wide receiver.
Christin Myles could not hold back tears as recounted seeing a tattooed arm in a rolled-up blue hoodie swing toward her. “I got punched,” she said through her tears. “I remember falling to the floor.”
Myles was adamant that Marshall was the one that hit her.
“I want him to own up to what he did,” she said. “He punched me.”
Marshall, who declined comment outside the courtroom, denies punching Myles. Myles only spoke under direct examination on Tuesday, her cross examination will begin on Wednesday. No other witnesses have been called in the case yet.
Both sides used security footage from the night, both inside the Marquee nightclub and outside of it, to try and support their case. However, the footage was blurry and filmed at a low frame rate so it was difficult to clearly draw conclusions from the video.
Christin Myles, Marshall’s accuser, is seeking $75,000 in damages.
Both sides also agreed that Myles took a swing at Marshall’s friend, former Jaguars wide receiver Mike Sims-Walker, before Myles was hit. Myles missed Sims-Walker with her swing. Myles said she swung at Sims-Walker because she believed he had been involved in an altercation in the nightclub that “ruined my birthday” because her table was trashed.
The defense used video in their opening statement to try and demonstrate that Marshall was retreating before the scrum in which Myles seems to have been hit. Marshall’s attorney, Harvey Steinberg, said Marshall showed “admirable restraint” in the situation.
The plaintiff’s attorney, Joshua Moskovitz, used similar footage during Myles’ testimony to show Marshall extending his arm in what appeared to be the direction of Myles, though it was tough to tell whether he touched her, grabbed her or hit her.
Marshall, joined by wife Michi Nogami-Marshall (l.), is battling the suit after allegedly punching a woman outside a nightclub in 2012.
Myles is seeking at least $75,000 in damages for her medical treatment and pain and suffering. Myles described feeling “excruciating pain” from the punch to her left eye, which she said she couldn’t see out of immediately following the incident. The plaintiff’s attorneys also displayed photos of Myles’ eye lacerations at the time.
“It hurts to see it,” Marshall said of a photograph of her eye. “It hurts to relieve it. It hurts that I still have the same scar.” She said she was later diagnosed with post-concussive syndrome and derangement of the eye.
Judge George B. Daniels of New York’s Southern District, presiding over the case, said punitive damages are possible in this case. The trial is expected to last four or five days, the judge said.
Police did not charge Marshall after an investigation into the case.
“I want justice,” Myles said.
Sims-Walker and Marshall’s wife, Michi Nogami-Marshall, are on the witness list. Sims-Walker once had a brief tryout with the Jets.
Steinberg also declined comment.
Earlier in the day jury selection was completed rather quickly, as the two sides settled on a jury of nine women and three men. Three of 18 prospective jurors recognized Marshall, and all three were dismissed.
One lingering question is whether the NFL might place discipline on Marshall should he lose this case. On one hand, he wasn’t tried criminally, but on the other, the league essentially can do whatever it wants.
New York Jets wide receiver Brandon Marshall arrives at Manhattan Federal Courthouse.
Later Tuesday, Marshall actually headed to the New York Athletic Club, where he received a humanitarian award for his work with his foundation, Project 375. Jets head coach Todd Bowles, in attendance, noted when asked that it was “interesting” that the award happened to be given the same day that Marshall’s trial started.
“That was back in 2012, I wasn’t with him then, I don’t what happened,” Bowles said.
At the event, Marshall again declined to comment on his trial.
Marshall was on the Dolphins at the time of this alleged incident, though he was traded to the Bears a few days later. Chicago dealt him to the Jets last offseason. Marshall boasted outstanding numbers in his first season with Gang Green — catching 109 passes for 1,502 yards and 14 touchdowns. He was named the Jets team MVP and was also named to his sixth Pro Bowl.
The passes Marshall caught last season came from QB Ryan Fitzpatrick, who is currently a free agent and in a contract standoff with the Jets. Asked if he thought Fitzpatrick would be back with the Jets, Marshall said, “He better be.”
The wideout indicated he vaguely asked Bowles for insight into the quarterback situation, though he said he did not specifically mention Fitzpatrick. Marshall said Bowles told him, “We’ll be OK.”
With Victoria Bekiempis