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Rex Brown

Clemson linebacker DeAndre McDaniel was not suspended by Clemson coach Tommy Bowden Monday, despite his arrest on June 21 in which he was charged with assault and battery of a high and aggravated nature.

Three witnesses have come forward in the aid of Clemson defensive back DeAndre McDaniel who was charged with assault and battery of a high and aggravated nature.

McDaniel’s lawyer, Chris Olson of Olson, Smith Jordan and Cox, P.A. of Clemson, said Thursday morning there are written statements that prove his client is innocent of those charges.

“If these witnesses’ statements are true, then he is not guilty of what he is charged with,” Olson said.

However, Central Police Chief Kerry Avery said that’s news to him.

“All I can say is that none of them have come forward to us,” he said. “A witness coming forward four or five days after the fact, that doesn’t make a whole lot of sense.”

That’s because they’ve only come to McDaniel. In fact, Olson himself, said he has yet to speak with the three witnesses that refute the girlfriend’s claim McDaniel threw her down a flight of stairs and punched her in the chest outside his University Village apartment last Saturday.

In preparing for his judicial review with Clemson University next Wednesday, McDaniel brought Olson the written testimonies for his review.

“I will make them (the witnesses) available to the police so the police can get their statements and help in the police investigation, so hopefully they will see both sides of this thing,” Olson said. “Hopefully, that will put an end to this.”

If the testimony of one witness is truthful, then it by itself could blow a hole in the victim’s statement, according to Olson.

In documents obtained by the Daily Journal/Daily Messenger from a source close to the investigation, the witness, McDaniel’s neighbor said, “I was woken up by someone beeping the horn outside, Saturday morning, June 21, 2008, around 7 a.m.

“I got up to see who it was and saw (the victim) walking to her car (Camry), which was parked outside my window. I saw her laughing as she stated, ‘I’m just going to leave;

I know the law, my mom or relative has been working with that stuff for about 20-30 yrs, so I know I’m not going to be the one going to jail.’ I saw her continue to giggle as she got in her car and then she drove away.”

This statement directly disputes the victim’s statement in the Central police incident report. The victim’s name was blacked out on the report, and police did not release the name, citing a request by the victim.

That account on the report said, “Once she (the victim) got out of the apartment and started towards her car he (McDaniel) punched her in the chest.”

Olson said he believes the truth of this case is somewhere in the middle of all the statements and in the end will come out. He also said he believes client did not commit assault and battery of a high and aggravated nature.

“She may be guilty of simple assault; it’s possible he is guilty of simple assault; they both may be guilty of disorderly conduct under a municipal stature which can happen anywhere not just limited to a public place but a high aggravated assault and battery, nah. No way,” Olson said.

But McDaniel isn’t in the clear by any means. Avery said he wants to know if these witnesses’ testimonies are true and are not just the case of friends coming to the rescue to help his defense, and how did the victim sustain her injuries? McDaniel’s girlfriend was treated at Oconee Medical Center for serious bodily injury, including a cervical sprain, soft tissue contusion and facial and chest wall contusions.

“The injuries are obvious, and they are obvious they were not done to herself,” Avery said.

Avery said he has closed the McDaniel case on his end and has turned things over to Pickens County Solicitor Bob Arial. He said if the witnesses come forward to the police then he would work with the solicitor’s office to get their statements on record.

“When the charges were made and the warrant was given, no one came forward then,” Avery said. “If they want to come forward now, we will work hand-in-hand with (the solicitor’s office) to make sure they get everything that they need.”