Seeking money from McFadden
Posted on Sunday, March 16, 2008
Former Arkansas All-American Darren McFadden has refused to pay two men who sought close to $ 1 million as a result of an incident at Ernie Biggs, a downtown Little Rock bar, in January. McFadden’s lawyer said he was offended that the two men’s demands, which came separately, were even made.
The Arkansas Democrat-Gazette has confirmed that Daniel Bryant, the owner of Ernie Biggs, is in possession of the bar’s security video that was made in the early-morning hours of Jan. 10, when police were called to break up a largescale brawl that involved McFadden and his friends at the River Market District bar.
Approximately one month ago, Bryant approached Frank Shaw, McFadden’s attorney, and offered to sell the tape to McFadden. Bryant and Shaw both said Bryant discussed McFadden paying various sums of money, including $ 500, 000, for the tape or Bryant would sell.
In a separate development also related to the Jan. 10 fight, the Democrat-Gazette has confirmed that Brant Hankins, a former Ernie Biggs bouncer, issued a demand letter to Shaw on March 7, seeking more than $ 400, 000 combined from McFadden and Ernie Biggs for injuries he said he suffered in the Jan. 10 fight.
McFadden, through Shaw, rejected both men’s demands and made no counter offer.
On Saturday, Hankins’ attorney, Robert Cortinez, said his client was withdrawing his pursuit of a claim against McFadden and Ernie Biggs. After being contacted by the Democrat-Gazette and learning that Bryant’s involvement was going to be made public, Cortinez said his client, out of respect, wanted to allow McFadden to go through the April 26 NFL Draft without further assaults on his character. Cortinez declined to comment when asked if Hankins would make a claim against Mc-Fadden after the draft.
Shaw said he was pleased Hankins was backing off his pursuit of McFadden. He also said McFadden was frustrated that these demands came up in the first place.
“What they were asking for us to do is not only exorbitant, it’s wrong,” Shaw said. “They are brazen opportunists seeking to cash in on someone else’s hard work and God-given talent, and I’m personally offended by this, and I believe the public will be, too. The truth is a powerful sword, not only in the courtroom, but in the courtroom of public opinion.” Bryant’s role in this story began, he said, the day after the fight, when people who told him they were connected with McFadden began approaching him, asking for any taped footage of the fight.
Bryant initiated contact with Shaw when he saw a story in the Democrat-Gazette that indicated Shaw was McFadden’s attorney. Shaw said he met with Bryant, but that he did not seek out Bryant and didn’t even know the tape existed.
“They wanted to see the video, and I allowed them see it on multiple occasions,” Bryant said. “After they viewed the video, they asked me what I wanted for it, and I said, ‘Make me an offer.’ I told them whatever they wanted to officially offer me, I would seriously consider.” Shaw never made an offer. Instead, he asked for the total of Bryant’s actual damages from Jan. 10.
Bryant said that he suffered losses of $ 32, 500, which resulted from loss of business totaling $ 25, 000, fines levied on him from the state Alcohol Beverage Control for underage drinking (McFadden, who is 20, and his brother, Daryl, who is 17, were both let in Ernie Biggs, an over-21 establishment ) and other “peripheral damages.” Bryant said the only number that was written down was $ 32, 500, which Shaw confirmed. Shaw discounted that number, however, because he said the fines and losses were a result of Ernie Biggs’ own negligence in letting in underage people.
Both sides said much larger numbers were then discussed.
At one point, Bryant said he believed Hankins was going to seek $ 500, 000 from McFadden, and Bryant felt his claim was more valuable.
“So you want somewhere between $ 500, 000 and $ 1 million ?” Shaw said he asked Bryant, who answered “Yes.” Bryant said he was simply responding to what he thought Hankins was seeking.
“Who’s got a frame of reference when you’re dealing with something like this ?” Bryant said. “You’re talking millions and millions of dollars [that McFadden will make from his first professional contract ], and they’re asking me to put a number on it. I don’t have anywhere to start. I’m trying to just recoup my losses, and it’s a little intimidating.” Shaw said Bryant was the one trying to intimidate, by threatening to sell the video to the highest bidder should McFadden not want to settle quietly. According to Shaw, Bryant said he knew people at ESPN who wanted the tape. Bryant said he did mention ESPN and other outlets, but in “casual conversation.” “As far as me threatening to sell it to someone else if Darren didn’t buy it, due to the nature of the video, I wanted Darren to have it,” Bryant said. “They asked me if there was any chance of me selling the video to someone else. If someone approached me and wanted to buy it, I said I’d consider it. I mean, who wouldn’t ?” Shaw saw four clips of the video, two taken from cameras in the upstairs portion of Ernie Biggs and two from cameras downstairs. Both Shaw and Bryant agree the two upstairs images are dark and grainy, and it is very difficult to identify individual people. They also agree the downstairs video shows McFadden entering the bar, and then exiting, with an unidentified person in front of him. There is dispute on what McFadden is doing as he is exiting.
Shaw said the video is not damaging to McFadden, and told Bryant they would not make any offer to purchase the tape.
“Team McFadden is in total agreement that to cave in to this exorbitant scheme is wrong,” Shaw said. “The right thing to do is be strong, be honest, learn from this and move forward. We’re not going to compromise our integrity by becoming involved in circumstances of this nature.” Bryant said he isn’t sure what he will do next, but that his ultimate goal remains getting the video to McFadden, and he is still willing to negotiate with Shaw.
“I would still like for Darren to have the tape,” Bryant said. “It’s not too late. I’d rather him have it than anyone else. I would think they would want it. I don’t want to be the guy that makes Darren Mc-Fadden look even worse. That’s not a good spot for me to be in. I already have the black eye, the bad reputation in the face of this happening, and now I’ve been affected monetarily, as well, and so I just felt like I came out on the short end of the stick.” Shaw said McFadden has no intention of negotiating further with Bryant.
“As an Arkansan, I’m proud of Darren’s accomplishments and the recognition he’s brought to our state,” Shaw said. “I find it more than regrettable that a bar owner doesn’t share the pride and admiration the rest of Arkansas has with Darren.” Hankins’ claim was different.
Hankins, in interview with the Democrat-Gazette the day after the fight, said he was in the process of kicking out Daryl McFadden, Darren’s younger brother who Hankins said started the brawl, when he said he was attacked by several people, including Darren McFadden.
Cortinez issued the demand letter to Shaw, seeking more than $ 400, 000 to release McFadden and Ernie Biggs from any further liability.
But Cortinez is not making any demands right now.
“We’re withdrawing any and all pursuit of this claim,” Cortinez said Saturday. “It’s only fair to Darren McFadden to not have to worry about these things when he’s entering the biggest life-changing moment of his life. He is trying to accomplish his life-long goal of being in the NFL, and we wish him all the best of luck.”
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