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Pacers Avoid Trial In Bar Fight

Tinsley, Daniels Agree To Diversion Program

POSTED: 8:39 am EDT March 17, 2008
UPDATED: 12:39 pm EDT March 17, 2008

Indiana Pacers players Jamaal Tinsley (pictured, left) and Marquis Daniels (pictured, right) avoided a trial Monday for their alleged roles in a bar fight, agreeing with prosecutors that if they stay out of trouble for two years, all charges would be dropped.

Tinsley faced a felony charge of intimidation and misdemeanor counts of battery, disorderly conduct and intimidation in the fight at the 8 Seconds Saloon in February 2007. Daniels was charged with battery and disorderly conduct, both misdemeanors.

Both players also agreed to serve 32 hours of community service and undergo a behavior modification course.

"It's not going to be something like a basketball camp," said David Wyser, chief trial deputy for the Marion County prosecutor. "It's going to be true community service."

Tinsley and Daniels did not comment as they left the courtroom.

"We think this is the appropriate thing," said Tinsley's attorney, James Voyles, after the 20-minute session in a Marion County court. "We're grateful and relieved."

Tinsley also agreed to complete a behavior modification program, which Wyser said would likely be anger management classes or counseling sessions.

According to a police report, bar manager Mark Nicholson said Tinsley threatened to kill him during the melee. The report also said Tinsley punched Nicholson, knocking him to his knees, and Daniels and another man struck him repeatedly in the face.

But Wyser said he received a letter over the weekend from Nicholson, saying he could not identify who hit him.

"There were a lot of people involved. At this point, we're unable to have a specific individual identify who actually struck the bar manager," Wyser said. "The state's burden of proof is beyond a reasonable doubt, and based upon the victim not saying positively the individual, we can't go forward with that."

The defense and prosecutors agreed that there was probable cause for arrest and charges to be brought. If either player fails to the complete the community service or behavior classes or commits a criminal offense in the next two years, the charges would be reinstated, said Matthew Symons, a spokesman for the prosecutor's office.

A compliance hearing was scheduled for May 19.

The Associated Press left messages Monday seeking comment from Pacers CEO Donnie Walsh and team president Larry Bird.

The trial was delayed three times after an original court date was scheduled in September. It was expected to last three to four days with nearly 20 witnesses scheduled.

The agreement was the latest in a string of legal problems and incidents involving Pacers, including the recent arrest of a murder suspect after he had been at the home of forward Shawne Williams and a reported rape at Daniels' suburban Carmel home. Neither player was charged in the incidents.

In December, Tinsley and several companions were targeted in an early morning shooting in front of the Conrad Hotel in downtown Indianapolis. The hotel, nearby buildings and several cars in Tinsley's group were sprayed with bullets from a .223 caliber assault rifle, and Pacers' trainer Joey Qatato was wounded in both elbows. No arrests have been made.

Tinsley was also present during an October 2006 incident at an Indianapolis strip club in which former teammate Stephen Jackson fired a gun in the air after being hit by a car. Jackson, who now plays for Golden State, pleaded guilty to criminal recklessness and was sentenced to 100 hours of community service.

The Pacers were scheduled to play the New York Knicks at home on Monday night.


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