Old School Chic
10-26-2005, 02:49 PM
Former Spur countersues in family brawl
Web Posted: 10/26/2005 12:00 AM CDT
Tom Bower
In a lawsuit filed this week, former Spurs starting forward Malik Rose has countersued his mother's estranged husband, alleging it was he who started a fight between them last May 7 at the couple's North Side home.
The countersuit comes a little more than a month after Ricardo Eugene "Rick" McCleary, 51, sued Rose for unspecified damages in connection with a fight on that date, alleging Rose hit him in the face with a fist and fractured his eye socket.
Although police went to the home that evening on a domestic disturbance call, officers reported they were turned away by a younger woman who answered the door and said the two men had left the house.
McCleary never filed a police report alleging he had been assaulted, and nine days later Rose's mother, Janet Rose, filed for divorce from McCleary.
"Malik denies all of the allegations that Mr. McCleary is making," Rose's attorney, Ruth Lown, said Monday after filing the countersuit.
"In addition, we consider this to be a family matter that the court will decide, and we do not intend to try this in the press," she added, declining further comment.
In the countersuit, Rose maintains the fight took place at a high school graduation party for his stepbrother, Aamir McCleary, and that he had permission from Rick McCleary and Aamir's birth mother to give Aamir a new Dodge Magnum station wagon as a graduation gift.
After giving Aamir the vehicle, Rose contends Rick McCleary threatened Aamir and threatened to destroy the vehicle, then attacked Rose after Rose attempted to intervene.
In other counterclaims, Rose alleges Rick McCleary intentionally inflicted emotional distress on his mother, physically battered his mother, defrauded Rose's chain of sandwich restaurants and interfered in Rose's business relations.
"We maintain that those counterclaims are erroneous. They do not belong in this case," said McCleary's lawyer, Michael Rowland. "The counterclaims are not valid and we are denying those, of course."
While Rowland agreed with Rose's contention that Rose had McCleary's permission to give Aamir the vehicle, Rowland said McCleary later objected to the gift after McCleary and Aamir's mother learned their son had not fulfilled an agreement to file applications to attend college.
http://www.mysanantonio.com/sports/...es.5fbcc28.html
Web Posted: 10/26/2005 12:00 AM CDT
Tom Bower
In a lawsuit filed this week, former Spurs starting forward Malik Rose has countersued his mother's estranged husband, alleging it was he who started a fight between them last May 7 at the couple's North Side home.
The countersuit comes a little more than a month after Ricardo Eugene "Rick" McCleary, 51, sued Rose for unspecified damages in connection with a fight on that date, alleging Rose hit him in the face with a fist and fractured his eye socket.
Although police went to the home that evening on a domestic disturbance call, officers reported they were turned away by a younger woman who answered the door and said the two men had left the house.
McCleary never filed a police report alleging he had been assaulted, and nine days later Rose's mother, Janet Rose, filed for divorce from McCleary.
"Malik denies all of the allegations that Mr. McCleary is making," Rose's attorney, Ruth Lown, said Monday after filing the countersuit.
"In addition, we consider this to be a family matter that the court will decide, and we do not intend to try this in the press," she added, declining further comment.
In the countersuit, Rose maintains the fight took place at a high school graduation party for his stepbrother, Aamir McCleary, and that he had permission from Rick McCleary and Aamir's birth mother to give Aamir a new Dodge Magnum station wagon as a graduation gift.
After giving Aamir the vehicle, Rose contends Rick McCleary threatened Aamir and threatened to destroy the vehicle, then attacked Rose after Rose attempted to intervene.
In other counterclaims, Rose alleges Rick McCleary intentionally inflicted emotional distress on his mother, physically battered his mother, defrauded Rose's chain of sandwich restaurants and interfered in Rose's business relations.
"We maintain that those counterclaims are erroneous. They do not belong in this case," said McCleary's lawyer, Michael Rowland. "The counterclaims are not valid and we are denying those, of course."
While Rowland agreed with Rose's contention that Rose had McCleary's permission to give Aamir the vehicle, Rowland said McCleary later objected to the gift after McCleary and Aamir's mother learned their son had not fulfilled an agreement to file applications to attend college.
http://www.mysanantonio.com/sports/...es.5fbcc28.html