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Lawsuit Claims 2 Ex-Bucs Assaulted Tampa Man At IHOP

Tribune file photos

The lawsuit states that Michael Bennett, left, had a gun when he helped Anthony Davis beat up the plaintiff.

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By TOM BRENNAN | The Tampa Tribune

Published: January 2, 2009

Updated: 01/02/2009 03:53 pm

TAMPA - A local fitness trainer is suing two former Tampa Bay Buccaneers players, claiming they beat him and broke his jaw in the parking lot of a local restaurant in October.

Brian Gordon, 31, sued Anthony Davis and Michael Bennett, saying they and another man attacked him about 3 a.m. Oct. 13 in the parking lot of the International House of Pancakes at 4910 Spruce St.

Gordon also is suing the restaurant and its corporate owners, saying they did not provide a safe environment.

The lawsuit claims an inebriated Davis became abusive and belligerent to restaurant help and customers. It claims Davis threatened Gordon and then called Bennett and the other man, asking for help and weapons.

Bennett arrived in the parking lot brandishing a pistol, the lawsuit claims, and the three men assaulted Gordon.

Both men were on the Bucs' roster at the time but later were released.

"Since they were professional athletes, Davis was given free rein of the place, and perhaps that extended out to harassing patrons," said Jack Gordon, Gordon's attorney. Gordon is not related to his client.

Bucs spokesman Jeff Kamis had little to say about the allegations.

"The players are no longer with the team. We will have no further comment," he said.

Bucs head coach Jon Gruden said Nov. 12 that Bennett was let go because the team had too many running backs. Bennett signed the next day with the San Diego Chargers.

Davis was released Oct. 24. Bucs officials said it was to make room on the roster for kick returner Clifton Smith. He later signed with the St. Louis Rams.

No criminal charges were lodged in the incident. Gordon originally told police he did not want to press charges. Investigators later said there were too many inconsistencies among witness statements to bring charges.

Jeff Chilcoat, Davis' agent, had no comment and referred all questions to Betsy Singer, who could not be reached for comment.

Bennett and his agent could not be reached for comment.

All the witnesses agreed the incident began when a woman complained about Davis using profanity at the restaurant. The woman was sitting with Bucs linebacker Quincy Black.

Witnesses said Gordon approached Black suggesting he and the women move tables to get away from Davis and his party.

Black told police he blew the guy off because Davis was his teammate and he knew he wasn't serious.

Gordon claims Davis kicked a wooden highchair at him that hit him on the chest. He said he knocked it back at Davis as a reaction.

Davis claims Gordon picked up the chair and hit him on the head.

Gordon said Davis then charged him and hit him on the face.

Davis told police Gordon attacked him and hit him.

Both sides said Gordon knocked Davis out.

Gordon and his friend went to the parking lot to escape but had left the car keys inside, they said.

Gordon said a man later identified as Bennett pulled up in a white Mercedes and came up showing a holstered gun. He said the man never pulled the gun from the holster. A person with Gordon later could not identify Bennett as the man with the gun, and Bennett denied having a weapon when he was interviewed by police.

When police arrived, they said Davis was extremely belligerent – cursing, taking aggressive stances and refusing to leave the area. They said he only obeyed after they pulled their Tasers and threatened to use them.

Bucs tackle Donald Penn also was at the restaurant but said he was in the kitchen and did not see what happened.

Gordon's attorney said his client had to have his jaw wired and had scalp lacerations. He said the medical bills ran to nearly $50,000.

Gordon also is claiming Bennett and Davis violated the National Football League's weapons policy.

He is seeking unspecified damages in excess of $15,000.

Reporter Tom Brennan can be reached at (813) 259-7698.

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