CINCINNATI — Cincinnati Bengals working again Joe Mixon is going through a civil lawsuit concerning the taking pictures of his teenage neighbor. In line with court docket information filed in Hamilton County this week, the teenage boy’s household is searching for damages from Mixon and Lamonte Brewer after the boy was shot in the precise foot by Brewer whereas standing in Mixon’s yard.
Mixon was not charged and was by no means thought-about a suspect, Hamilton County prosecutor Melissa Powers mentioned in March when Brewer was charged. Nevertheless, within the lawsuit filed Thursday, the household claims that Mixon equipped the bullets and Zastava M92 gun that was matched to the weapon used within the taking pictures.
The plaintiffs suing Mixon allege that the working again has “had many alternatives to settle” the claims however “has taken no accountability for any of the hurt that he has brought on,” resulting in the lawsuit.
Mixon is being represented by his householders insurance coverage attorneys within the civil case. Peter Schaffer, Mixon’s agent, declined to remark to ESPN.
Within the 911 name on the time of the incident, Mixon’s coach, Sean Pena, informed a police dispatcher that the boy was screaming and seemed to be wielding a Kel-Tec gun. The boy was truly holding a toy gun whereas enjoying nerf wars, a recreation performed by highschool college students round Cincinnati. Police consider one of many bullets Brewer fired went via the gun.
The lawsuit echoed a declare made by the county prosecutor in that somebody ought to have realized the gun the kid carried was a toy. “The protection that the Mixon dwelling occupants felt in concern of their lives from 16-year-old highschool college students enjoying Nerf Wars with inexperienced, blue, and gray coloured toy nerf rifles within the neighbor’s yard is completely ridiculous, unbelievable,” the lawsuit states, “and it’s unreasonable that Joe Mixon or anybody in Mixon’s dwelling might have feared for his or her lives.”
The lawsuit claims that Mixon requested two youngsters what they had been doing earlier than the taking pictures. Each are keen to testify in court docket concerning this change, the swimsuit states, and that Mixon was not in concern of his life whereas the youngsters had been enjoying nerf wars.
Brewer was charged with felonious assault, one depend of tampering with proof and two counts of getting weapons whereas below incapacity. Brewer was the boyfriend of Shalonda Mixon, Joe’s sister. Shalonda Mixon was charged with tampering with proof.
The household suing Mixon is claiming negligence and several other different claims in opposition to Mixon, who’s coming into his seventh season with the Bengals. County information present that in June, the household of the teenage boy bought their dwelling subsequent to Mixon for $2.175 million.
In line with the lawsuit, the choice to promote got here “as a result of they didn’t really feel protected” residing subsequent to Mixon.
The nerf wars taking pictures got here two months after a lady alleged Mixon pointed a gun at her and threatened to shoot her in a highway rage incident the day earlier than the Bengals performed the Buffalo Payments within the divisional spherical of the AFC playoffs.
Whereas the case was initially dismissed, it was refiled in April. Mixon was charged with aggravated menacing, a misdemeanor. He pleaded not responsible and the jury trial is ready for Aug. 14, in accordance with court docket information.
Mixon has not spoken concerning the incidents and declined to talk to reporters throughout offseason exercises within the spring.