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Tuesday, July 29, 1997

Barkley arrives in court over bar fight

By KEN BERGER AP Sports Writer

CLEVELAND (AP) - Charles Barkley, who is being sued for $500,000 over a bar fight, mouthed an expletive at his accuser as the trial began Monday and even had time to sign a few autographs.

The scuffle took place last summer when the NBA star was in town with the U.S. Olympic team. Barkley has told police there was a fight at The Basement dance club, but that he was the one who was attacked.

Before prospective jurors were led into the courtroom for jury selection, the Houston Rockets forward silently mouthed a curse at his accuser, Jeb Tyler, 24, of Spencerport, N.Y.

Tyler's lawyer, Timothy Ita, later asked jurors, "Does anyone have a problem with Mr. Tyler being from around Rochester, N.Y.?" Barkley, who is from Leeds, Ala., raised his hand.

Relaxed as ever, Barkley even patted and squeezed his two lawyers' rear-ends when asked to stand as the judge entered the court.

Barkley was a hit with the young visitors in the courthouse, and he obliged by signing autographs. He turned two youngsters down, however, saying, "Where'd you get that picture from? You got it from that guy outside who's selling them. No. Uhn-uh."

Barkley would not discuss the case, but told reporters, "You tell everybody back in Houston I'm fine. Unfortunately, being famous, this is one of the drawbacks."

In a complaint amended Monday, Tyler is seeking $50,000 in compensatory damages from Barkley and the bar and $500,000 in punitive damages from Barkley. The jury can award any amount it sees fit, including nothing.

"Who knows what we'll ask for?" Ita said. "It's up to them."

A jury of four men and four women was chosen, along with two male alternates. The trial is expected to last 3-4 days, Judge William J. Coyne said.

A friend who was with Tyler the night of the fight began testifying after a late afternoon recess.

Ita said in opening statement that Tyler, a business equipment salesman, and four friends decided to spend the weekend of July 6-8, 1996 in Cleveland. They stayed at a friend's apartment and planned to jet-ski and party.

On July 7, they went to several bars and saw Barkley and U.S. Olympic teammate Reggie Miller of the Indiana Pacers at The Basement, Ita said.

The two sides agree only on what led up to the fight. One of Tyler's friends got into a discussion with a woman who said she was with Miller and Barkley. When the woman was asked if she was sleeping with Miller, Barkley asked the man to leave.

Ita said Tyler stepped in as a "peacemaker."

"He gets near them and says, 'Listen, let's calm down,' " Ita said. "Mr. Barkley would have none of it. ... To make a long story short, Jeb Tyler gets punched in the face by Mr. Barkley."

According to Ita, a melee ensued during which Barkley was jumping over bouncers and hitting Tyler repeatedly in the back of the head.

"Mr. Tyler tried to fight back a little bit, but it wasn't very effective," Ita said.

Tyler is 6-feet, 180 pounds, while Barkley is 6-6, 252. No criminal charges were filed.

One of Barkley's attorneys, Larry Peskin of Cleveland, told jurors they would hear videotaped testimony from Miller saying that Tyler threw the first punch.

"At this point, Charles Barkley put his arms out," Peskin said. "It all happened so fast, Charles Barkley can't tell you whether he hit Jeb Tyler or not. There was a tussle, there was a scuffle. At some time during that scuffle, Jeb Tyler got two small abrasions on his forehead. One's about the size of a dime, the other's a little smaller."

Barkley was accompanied by a second attorney, Tom Sullivan of Birmingham, Ala. The player's agent, Glenn Guthrie of Bessemer, Ala., also was in the courtroom.

"It's a typical case," Guthrie said. "The guy wants money."

Ita responded, "My client is not here to get rich quick."

Tyler's lawyer excused one juror who was a girls middle school basketball coach and proudly proclaimed, "We won the state championship last year." The defense didn't excuse any prospective jurors. Send a Letter to the Editor about This Story | Start or Join A Discussion about This Story
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