Former New York Jets wide receiver Mike Sims-Walker texted Brandon Marshall after the incident, saying he could take the fall. Marshall replied that he “already won the criminal charge.”
Former Jaguars wide receiver Mike Sims-Walker volunteered to take the fall for Brandon Marshall in the civil case currently levied against the Jets wide receiver by a California woman, the plaintiff’s attorneys revealed Wednesday.
Christin Myles alleges that Marshall punched her in the left eye during a melee outside of a Manhattan nightclub in March of 2012 and is seeking at least $75,000 in damages.
Sims-Walker, in a video deposition that was relayed to the jury Wednesday, admitted to texting Marshall that he could “take the blame” if need be.
When pressed on that front in the deposition, Sims-Walker indicated that neither he nor Marshall hit Myles, but that he was willing to take the fall for Marshall “just in case.”
In the same exchange, Marshall texted Sims-Walker, “Man we gotta be smart. We already won the criminal charge.”
Police elected not to charge Marshall after an investigation into the incident.
Sims-Walker wasn’t available to testify at the Manhattan courthouse and technology issues prevented the deposition video from being played in the courtroom, so his deposition was read aloud by attorneys from both sides.
Sims-Walker also indicated that Marshall punched someone that night, but couldn’t say who (and also indicated that Marshall did not hit Myles). The former Jaguars wideout also said he pushed a woman that night, but did not know if it was Myles or not.
Sims-Walker did not believe Marshall did anything wrong that night at or outside the nightclub and alleged that their group was being attacked by other clubgoers.
“We’re totally victims in this case,” Sims-Walker said. “I don’t understand why we’re even here.”
Christin Myles, the woman Jets receiver Brandon Marshall allegedly punched in a Manhattan night club four years ago, is seen outside Federal Court on Wednesday.
Earlier Wednesday Joshua Moskovitz, the plaintiff’s attorney, showed a slowed-down version of security footage gave the jury a better view of what the plaintiff asserts is a punch delivered by Marshall’s right hand to her face.
The video is blurry and has a low frame rate, but it does appear to resemble a punch in her direction, perhaps as Myles was already falling. However, it is unclear where exactly Myles was in relation to Marshall, and if it was a punch, if it landed. The same video had been viewed on Tuesday, but Moskovitz better highlighted the moment by pausing the video exactly when the alleged punch supposedly occurs.
Marshall’s attorney, Harvey Steinberg, also scored points during the cross examination of Myles on Wednesday morning. The California woman had already admitted on Tuesday that she took a swing at Sims-Walker seconds before the alleged punch from Marshall, but on Wednesday she said, “I don’t remember taking a swing.”
Instead, she said she only knew she took the swing because of the video. But her memory of a few seconds later in the altercation was clear.
“I vividly remember getting punched,” she reiterated.
Myles has testified that she remembers a partially rolled up right blue sleeve revealing a forearm with tattoos.
However, Steinberg pointed out that in a moment captured soon after the alleged punch, video appeared to show Marshall’s sweatshirt sleeve rolled all the way down. Myles contested Marshall’s sleeve could have rolled down during the punch.