Malik sued for punching his mom's companion

Suit alleges ex-Spur hit mom's partner
Web Posted: 10/06/2005 12:00 AM CDT

http://www.mysanantonio.com/sports/b....1766c0ff.html

Tom Bower
Express-News Staff Writer

Former San Antonio Spurs power forward Malik Rose is being sued for unspecified damages by his mother's companion after a fight last May in which Rose is alleged to have punched the man in the face, fracturing his eye socket.

An attorney for Rose denied the allegation Wednesday and said the basketball star was preparing a countersuit.

The lawsuit was filed Sept. 19 by Ricardo Eugene McCleary, 51, who alleges an attack took place May 7 at the exclusive Champion's Ridge home in Far North San Antonio that he had shared with Rose's mother since they moved to San Antonio in 2003.

According to Michael Rowland, McCleary's attorney, the incident took place after the two argued over whether McCleary's son, and Rose's stepbrother, should have been able to accept a car from Rose. The car was a high school graduation gift.

"That discussion escalated and ended up with a punch," Rowland said.

Ruth Lown, an attorney representing Rose, said she hadn't reviewed the lawsuit, but said: "Malik has done absolutely nothing wrong. We will vigorously defend it."

According to San Antonio police reports, officers were called to the McCleary residence at 6:19 p.m. on that date, but were turned away after a 30-year-old woman who answered the door said the two men had left.

No subsequent criminal complaint against Rose could be located, but Rowland said his client was following through with authorities and planned to pursue criminal charges.

Since then, police were summoned to the residence two other times to allow Rose's mother, Janet, to retrieve items from the house.

Janet Rose subsequently obtained a temporary restraining order against McCleary, in which he was ordered out of the $773,000 home, purchased for her by Rose.

According to federal court records, McCleary pleaded guilty in 1993 in Philadelphia to one count of conspiracy to distribute and possess with intent to distribute 55 kilos of cocaine as a member of a Los Angeles drug ring.

He was sentenced to nine years in federal prison and five years of supervision, which he was undergoing in San Antonio after the couple moved here.

McCleary since has moved back to Philadelphia.

hahahaha Malik fucked him up

Sounds like a douche this guy.

Malik Rose don't mess around. Spurs could use someone like that....

what a trashy mess.

"should have been able to accept a car from Rose. The car was a high school graduation gift.'

What could have been the problem with that?

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Originally Posted by timvp

Malik Rose don't mess around. Spurs could use someone like that....

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Spurs need an enforcer. A "Like's-to-fight Guy". Someone who likes to ask the 2 key questions:
What are YOU lookin' at?
Do you think you're better than me?

By the way, did Malik punch AJ in their "scuffle"?

You got to look at it from the other guy's perspective. It's his son. He doesn't want his son to be spoiled by the NBA stepbrother. It's obviously a pride issue with this McCleary guy. Considering how many family members of NBA players look for hand-outs, in a certain respect, it's comendable that this guy didn't want his son to accept the car. And, even if this McCleary guy was an ass about it, does it really justify Malik punching him in the face, if in fact that happened? Just because you are a fan of Malik Rose doesn't mean he is automatically in the right because he was trying to make a nice gesture.

I hope Malik really did punch him, and I hope they still find in favor of malik cuz this guy sounds like a sheister who was after malik's mom for her money. sheisters are used to being punched in the face, and they love to sue over it. Fuck the sheisters. They should reverse the charges and send that cokehead manipulator to jail.

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You got to look at it from the other guy's perspective. It's his son. He doesn't want his son to be spoiled by the NBA stepbrother.

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I didn't think McCleary was Malik's step brother's father.

I thought they were talking about a different brother.

Now it makes more sense to me.

actually i went to school last year with maliks step bro and his last name was mccleary

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Malik Rose don't mess around. Spurs could use someone like that....

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Van Ex and Mohammed???

Do they need to bring back Massenburg??

Who was the guy last year that "didn't mess around"

Seems they did alright without a guy like that.

These are the kind of blurbs that I like to read.

This case is dead in the water, no police report, no proof that a fight ever took place or that anyone was injured that night.

wwrd - what would rasho do? He would keep his head down and do nothing. I need to get a wwrd wrist band and walk the earth with my head down.

that McCleary guy sounds like a #1 assholedouchebag..... I can't believe he had the nerve to stay in a home that wasn't his after he broke up with the mother- to the pointt she had to get a court order for him to leave. fucking retard.

I hope Mailk knocked on his scumbag drug dealing ass.

Poor Malik. Half a season in NYC and suddenly he's a violent criminal. Actually props to Malik. If this article is accurate then that guy probably deserved it.

I met Mr.McCleary several times last year and he was always very nice and generous. It's very unfortunate that this argument had to come to legal blows though...it sounds like they've had a strenous relationship all along.

There are too many pieces of this story that are missing, I can't make a fair judgement, so I won't.

I will say that I cannot imagine Malik being violent like that and I truly hope he wasn't.

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Originally Posted by spurs_fan_in_exile

Poor Malik. Half a season in NYC and suddenly he's a violent criminal. Actually props to Malik. If this article is accurate then that guy probably deserved it.

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Too bad for that guy that if this goes to court it will probably be tried in San Antonio.

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Originally Posted by SWC Bonfire

Too bad for that guy that if this goes to court it will probably be tried in San Antonio.

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Yeah, no jury in the SA would convict Malik.

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Originally Posted by spurs_fan_in_exile

Yeah, no jury in the SA would convict Malik.

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This is very true...Funny isn't it that after all of this time we still talk about Malik? I personally am still a little irritated that he went to NY in the first place.I know it was a business decision, and was good for the team, but I still don't like it. I only wish the best for Malik this year......

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Originally Posted by spurs_fan_in_exile

Yeah, no jury in the SA would convict Malik.

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Well, this isn't a criminal issue; it's a civil issue. There are no convictions, and McCleary's burden of proof is pretty low (a preponderance of the evidence -- more likely than not). If he can convince a jury that Malik shouldn't have done what he did, a jury might actually find Malik liable and assess some damages. That jury might also find that McCleary bears some responsibility too and limit what he recovers.

I better stay out of this beyond that.

McCleary since has moved back to Philadelphia.

Damn Philadelphians........

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Originally Posted by FromWayDowntown

Well, this isn't a criminal issue; it's a civil issue. There are no convictions, and McCleary's burden of proof is pretty low (a preponderance of the evidence -- more likely than not). If he can convince a jury that Malik shouldn't have done what he did, a jury might actually find Malik liable and assess some damages. That jury might also find that McCleary bears some responsibility too and limit what he recovers.

I better stay out of this beyond that.

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Are you a lawyer?

the jury may also find that there is no evidence of the said incident and that this man is trying to get a payday after a break up with Mailk's mom....


i'm just saying.

= ) I think it is clear why none of us should ever make this jury.

Assuming there were one.

Where would the trial take place, SA?

Edit: Never mind, that was a stupid question :oops

What really happened:

Rose walked up behind McCleary.
McCleary leaned back with the weight on his heels.
Rose "pulls the chair" on McCleary (with both hands up).
McCleary falls for the oldest move in the book.
McCleary hits his eye on the floor.

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Originally Posted by 1Parker1

Are you a lawyer?

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*nods yes*

:smokin

It's amazing how many of you are positive that this guy is an 'asshole douchebag' based on this story just because it had to do with Malik Rose.

There's a chance that Malik Rose WAS in the wrong, you know.

But, that guy's a drug deal scheister asshole douchebag just looking to profit off of Malik Rose's fame and money. Amazing how you guys know everything about it.

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Originally Posted by King

There's a chance that Malik Rose WAS in the wrong, you know.

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True. It's not like he's Manu or anything.

I just pray that the whole truth comes out and that the correct consequences are dealt out quickly.

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Originally Posted by ShoogarBear

True. It's not like he's Manu or anything.

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:lmao

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Originally Posted by ShoogarBear

True. It's not like he's Manu or anything.

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:lmao :lmao


a Big, fat :flipoff from the Church of Manu

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Originally Posted by FromWayDowntown

Well, this isn't a criminal issue; it's a civil issue. There are no convictions, and McCleary's burden of proof is pretty low (a preponderance of the evidence -- more likely than not). If he can convince a jury that Malik shouldn't have done what he did, a jury might actually find Malik liable and assess some damages. That jury might also find that McCleary bears some responsibility too and limit what he recovers.

I better stay out of this beyond that.

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I wouldn't say it's pretty low, 3/4 is certainly less than beyond a reasonable doubt but it's not pretty low....

First he has to convince a jury that Malik actually did what he's accusing him of, starting off without a police report isn't a great start, but having medical records from the same night in question would certainly help....

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Malik Rose don't mess around. Spurs could use someone like that....

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Yeah, we might end up with enough toughness to win a championship :rolleyes

I like how people draw conclusions without having all the information... I guess it is human nature or shall I say message board nature. http://www.spurstalk.com/forums/imag...mirolleyes.gif

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Originally Posted by Rick Von Braun

I like how people draw conclusions without having all the information... I guess it is human nature or shall I say message board nature. http://www.spurstalk.com/forums/imag...mirolleyes.gif

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I'm not a fucking jurror, I don't need all the facts to draw a conclusion.

Hell a jury had all the facts in the Michael Jackson and OJ Simpson trials and found both of them not guilty, take that for what it's worth...

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Originally Posted by ShoogarBear

True. It's not like he's Manu or anything.

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:applause

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Originally Posted by Rick Von Braun

I like how people draw conclusions without having all the information... I guess it is human nature or shall I say message board nature. http://www.spurstalk.com/forums/imag...mirolleyes.gif

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May I draw your attention to exhibit I ( as in I am innocent) = )


Response # 18

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Originally Posted by angel_luv

There are too many pieces of this story that are missing, I can't make a fair judgement, so I won't.

I will say that I cannot imagine Malik being violent like that and I truly hope he wasn't.

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was not rose and aj that got in the locker room fight

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Originally Posted by PM5K

I'm not a fucking jurror, I don't need all the facts to draw a conclusion.

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I rest my case.

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Originally Posted by 1Parker1

Are you a lawyer?

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is that punishable?

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Originally Posted by ducks

was not rose and aj that got in the locker room fight

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Well, yeah - but that's only because AJ wouldn't let Malik buy his son a car.

Seeing as AJ is the one who threw down Malik in that fight, I don't think it's relevant in this case :lol

What happened with Malik and AJ and when was this?


Carie

You would think he’d been traded to the Pacers or something…………

Malik blows.

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Originally Posted by ObiwanGinobili

the jury may also find that there is no evidence of the said incident and that this man is trying to get a payday after a break up with Mailk's mom....
i'm just saying.

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i was thinking the same thing too.

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Originally Posted by FromWayDowntown

Well, this isn't a criminal issue; it's a civil issue. There are no convictions, and McCleary's burden of proof is pretty low (a preponderance of the evidence -- more likely than not). If he can convince a jury that Malik shouldn't have done what he did, a jury might actually find Malik liable and assess some damages. That jury might also find that McCleary bears some responsibility too and limit what he recovers.

I better stay out of this beyond that.

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If all it is is "McReary says Malik punched me, Malik says he did not" then most jurors are going to believe the guy without a felony conviction. Did this clown get a test that showed Malik's DNA buried in his eye socket? I think not.