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Face-shooting lawsuit against Hernandez has officially been re-filed

Aaron Hernandez AP

As attorney David Jaroslawicz, whose most recent foray into NFL litigation involved a well-known quarterback and his better-known cell phone, told PFT on Wednesday, the lawsuit alleging that Patriots tight end Aaron Hernandez shot a man in the face has been re-filed in Florida.

The suit that was filed on June 13 and dismissed four days later is officially back on.

And while the reason for the decision to spend the money necessary to start the case from scratch still isn’t clear, especially since any errors in the complaint could have been fixed with a revised document, all that really matters is that the case is back on.  (Some lawyers will use filing and re-filing as a tool to get a case before a judge who is deemed to be more favorable to the case.  We don’t know whether that was a factor here.)

We’ve studied both complaints, which are a mere four pages each.  And, as Jaroslawicz told PFT on Wednesday, the only change between old and new is that the new complaint drops the allegation that the plaintiff, Alexander S. Bradley, had plates and screws inserted in his arm.

Meanwhile, USA Today and others have obtained a copy of the police report from the incident involving Bradley.  According to the report, Bradley initially said he didn’t know who shot him.  Bradley later said he no longer wanted to talk about the situation because of the pain.

While some (e.g., Hernandez’s lawyer) would argue that this means Hernandez didn’t shoot Bradley, someone apparently shot the guy.  It’s possible that he opted to keep his mouth shut for fear that whoever shot him would be tempted to finish the job.

Regardless, none of this will slam the door on the lawsuit against Hernandez.  Bradley will be permitted to attempt to prove his case, and Bradley will win if he can demonstrate by a preponderance of the evidence (i.e., 51-49) that Hernandez shot Bradley.

The separate problem for Hernandez is that this becomes a second incident, making the NFL far more likely to take action under the personal-conduct policy than if there were only one.

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88 Responses to “Face-shooting lawsuit against Hernandez has officially been re-filed”
  1. thegreatgabbert says: Jun 20, 2013 5:19 PM

    Bradley got off easy. When Hernandez and two associates arrived home the other night, Odin Loyd was late at the time.

  2. bobbob1eye says: Jun 20, 2013 5:22 PM

    The strange part about the lawsuit is that they were ONLY going after $100,000. If I lost my eye because some dude who just signed a $45 million dollar contract shot me in the face I’d be asking for at least $10 million.

  3. bubbybrister/shovelpass says: Jun 20, 2013 5:23 PM

    Hey Patriots !
    The Jets just called… they want their circus tent back!

  4. 13forgbp says: Jun 20, 2013 5:25 PM

    Man…and I thought those were all “good guy” tats.

  5. rahavort says: Jun 20, 2013 5:25 PM

    The Jets have plenty of tents; no need to worry. They’ve also got plenty of clowns

  6. nineroutsider says: Jun 20, 2013 5:25 PM

    Damn, and I thought the only dangerous game Hernandez was playing was on the field. Stupid just got stupider…

    How would you have liked to have this guy sleeping in one of your classes (when the university wasn’t giving him free passes)? What a joke!

    Even if he is innocent, he’s still dirty…

  7. dynaco says: Jun 20, 2013 5:25 PM

    Somewhere Rex is thinking…Homicide, that certainly would have gotten us out of Tebowmania also.

  8. bigbenh8tr says: Jun 20, 2013 5:26 PM

    What is a hand arm? Kidding, put that comma in there.

  9. crp63 says: Jun 20, 2013 5:26 PM

    The separate problem for Hernandez is that this becomes a second incident, making the NFL far more likely to take action under the personal-conduct policy than if there were only one.

    It’s probably a mute point since he’ll be about 43 when he gets out…no team is going to be intrested in a 43 year old TE……

  10. pftfollower says: Jun 20, 2013 5:27 PM

    I figured it’d be to adjust the amount.

    $100,000 sounds low

    vote thumbs up thumbs down. Would you let someone shoot you in the face and take one of your eyes for $100,000?

  11. ewalker220 says: Jun 20, 2013 5:27 PM

    Lets hope his “hand arm” is doing better now that he has been shot in the face.

  12. lks311 says: Jun 20, 2013 5:28 PM

    I guess this all makes the Ndamokung Suh stomp, kick, car wreck, horse collar, etc. stuff looks like child’s play, huh?

  13. thegreatgabbert says: Jun 20, 2013 5:30 PM

    In legal parlance this is known as “riding piggyback to the trough.”.

  14. peytonsneck18 says: Jun 20, 2013 5:30 PM

    dont drop the soap, cause they will tag team u and afterwards do yr “let it rain: dance all over u

  15. seattlecoug says: Jun 20, 2013 5:30 PM

    what’s a hand arm?

  16. jmsieli says: Jun 20, 2013 5:30 PM

    He’s got a chance if he just remembered these two things, Put on the small gloves and never go to a Las Vegas.

  17. joemammy says: Jun 20, 2013 5:31 PM

    Just how much of a low-life turd do you have to be to shoot someone in the FACE?

  18. blackandbluedivision says: Jun 20, 2013 5:32 PM

    bubbybrister/shovelpass says:
    Jun 20, 2013 5:23 PM
    Hey Patriots !
    The Jets just called… they want their circus tent back!

    ___________________________________

    lol. Years of NYJ circus non-sense and the Pats get one incident and you think you’re still off the hook. All the Pats have to do is cut Hernandez and they’re done….Who’s your starting QB? That circus will go on all season.

  19. catquick says: Jun 20, 2013 5:32 PM

    Why isn’t Fla law enforcement investigating a serious shooting? If Hernandez shot him, even by accident, he needs to be prosecuted, especially in light of an unregistered unlisenced handgun. Bradley may have initially said Hrnandez didn’t do it( maybe wanting to hide his own culpability in a drug del, etc) but now sais he did. No prosecutors in Fla?

  20. whatnojets says: Jun 20, 2013 5:32 PM

    They are suing or $100,000.00

    They stated that the amount will exceed $100,000.00

    They stated that because of Jurisdiction and Venue issues

  21. phreakin says: Jun 20, 2013 5:37 PM

    “lol. Years of NYJ circus non-sense and the Pats get one incident and you think you’re still off the hook.”

    Ya but, that’s a BIG one incident they’ve got there

  22. Rick Spielman is a Magician says: Jun 20, 2013 5:38 PM

    Amazing that you can be accused of shooting a guy in the face and that isn’t even close to being your biggest problem.

  23. vaughnjoe says: Jun 20, 2013 5:40 PM

    Make room for more tats you idiot. I’m not sure but i’m on my computer so i’m pretty sure he’s guilty.

  24. azarkhan says: Jun 20, 2013 5:41 PM

    catquick says: Why isn’t Fla law enforcement investigating a serious shooting?

    If the victim won’t cooperate or testify, what can they do?

  25. croteus says: Jun 20, 2013 5:41 PM

    I don’t think Aaron Hernandez is thinking “Gee, I hope the NFL doesn’t suspend me!” right now.

    Why would someone even mention a possible suspension right now?

  26. ayoungandres says: Jun 20, 2013 5:41 PM

    $100,000 is probably the minimum needed to file in federal court (I actually thought it was 75k but maybe it changed). That’s why that figure is used in the complaint. I’m sure they’re asking for more.

  27. dcee101 says: Jun 20, 2013 5:43 PM

    ____________________________________
    pftfollower says:
    Jun 20, 2013 5:27 PM
    I figured it’d be to adjust the amount.

    $100,000 sounds low

    vote thumbs up thumbs down. Would you let someone shoot you in the face and take one of your eyes for $100,000?
    ____________________________________

    I got married and my ex wife took my balls and cost ME $100,000.

  28. Stiller43 says: Jun 20, 2013 5:44 PM

    Crp63,

    Its MOOT, not mute…unless you mean the point is “silent.”

    MOOT means it doesnt matter.

  29. Mr. Wright 212 says: Jun 20, 2013 5:46 PM

    Patriots always have to try and upstage the Jets (not difficult to accomplish) and they do it in every facet.

    This being the latest.

  30. miamizombie says: Jun 20, 2013 5:46 PM

    ‘Cause I’m a sawed off shotgun, hand on the pump
    Left hand on a forty, puffin on a blunt
    Pumped my shotgun, trigger dun jump
    Lala la la lala la laa

  31. keylimelight says: Jun 20, 2013 5:47 PM

    From the link:

    “We don’t know whether it was accidental or deliberate,” Jaroslawicz said when asked how and why the gun was allegedly discharged. “If we get to take Mr. Hernandez’s testimony, perhaps he will tell us he accidentally pulled the trigger or maybe he did it on purpose.”

    So the lawyer does know if it was accidentally or on purpose. This is an odd tack. Seems like their goal is to just get Hernandez in court. Also, the $100,000 seems way low to cover the damages much less take care of any punitive settlement.

    This is very strange, no?

  32. thegreatgabbert says: Jun 20, 2013 5:49 PM

    Well, whatever else Hernandez may be, at least he isn’t a “back shootin’ varmit”.

  33. bubbybrister/shovelpass says: Jun 20, 2013 5:49 PM

    “Who’s your starting QB? That circus will go on all season.”

    I know it ain’t Tebow !

  34. filthymcnasty1 says: Jun 20, 2013 5:49 PM

    Jimmy Graham is now worth his weight in gold in fantasy football.

  35. 6sbtitles2sweet says: Jun 20, 2013 5:52 PM

    Hey Bill…..why didn’t you teach him about camera work in training camp now he’s been caught, kinda like you, O never mind!

  36. gobirds11 says: Jun 20, 2013 5:54 PM

    How is nothing about this on PTI today? First burying the Gleason story and now this. WTF is with ESPN?

  37. maiphatdong says: Jun 20, 2013 5:56 PM

    The Raiders want to trade for him for a 1st round draft pick

  38. elway6532 says: Jun 20, 2013 5:58 PM

    Send him hunting with Dick Cheney

  39. egomaniac247 says: Jun 20, 2013 6:01 PM

    How convenient is it that as soon as Tebow joins the team, the TE roster parts like the Red Sea for him?

    DESTINY

  40. 8bithero12 says: Jun 20, 2013 6:04 PM

    Wow he is guilty! Sounds like he is no longer going to have tight end status…and I’m referring to his time in prison.

  41. peytonsneck18 says: Jun 20, 2013 6:05 PM

    im sure there will be some idiot in my fantasy league that will draft hernandez even if he is locked up at the moment, gotta love those types of guys in any leagues

  42. bennyb82 says: Jun 20, 2013 6:07 PM

    Hernandez is being framed. The deceased individual tried to change Hernandez’ house cleaning appointment. Aaron then grabbed his cell phone at which point the deceased individual reached for it as well. Then in slow motion the phone flew through the air and seemed to have wings. However, they were penguin wings and the phone hit the floor and broke into 17 pieces. One of the pieces fell into a beer pong cup and unfortunately it was the watermarked part of the phone. Now because Hernandez was no longer going covered under insurance, he was still going to try to have his phone replaced. Hernandez furiously slapped the individual and told him to go destroy the surveilance footage in case the cell phone company wanted to see what really went down. After the surveilance was destroyed he told the guy to go home. He has no idea what happened after that.

  43. rooneyruleblues says: Jun 20, 2013 6:08 PM

    Anyone else enjoying the stench coming from NE as much as I am? LOL!

  44. elway6532 says: Jun 20, 2013 6:12 PM

    A couple more shootings and he might qualify to register as a chicago democrat. Eat your heart out Obama fans. This comment will be taken down immediatly I am sure.

  45. elmoron says: Jun 20, 2013 6:12 PM

    Strange, haven’t heard from Ampats lately. Sincerely hope his name was’t Lloyd, although that would explain Hernandez’ actions that night.

  46. thegreatgabbert says: Jun 20, 2013 6:12 PM

    Uh-oh…..Gunshots heard in Hernandez’ neighborhood Monday morning, Aaron seen returning to house shortly afterwards.

  47. xpensivewinos says: Jun 20, 2013 6:17 PM

    Marvin Harrison has no idea what this is all about……

  48. swagger52 says: Jun 20, 2013 6:17 PM

    Patriots hired Tebow to clean up their image. Isn’t that always the case?

    Stab somebody in the back, then have the PRIEST over for dinner. That is so New England.

  49. eatitfanboy says: Jun 20, 2013 6:19 PM

    Here’s why a lawyer would refile this case four days later (hard to believe a former lawyer wouldn’t know this):

    The burden of proof in a civil case is much lower than in a criminal case. Civil juries do not need to believe in guilt “beyond a reasonable doubt”, merely guilt based upon a “preponderance of evidence”. This means, in reality, that civil juries are much more likely to be swayed by things like reputation and what they’ve heard about someone. This is also why most civil cases are settled before they get to a jury.

    The public perception of Aaron Hernandez is very different right now than it was even 4 days ago. The lawyer in the case knows that he is much more likely to find a jury that believes Hernandez is capable of shooting someone in the face now than he was then.

    If this lawyer hadn’t pushed Bradley to refile, there would have been 20,000 other personal injury lawyers in line behind him.

  50. stlunatik says: Jun 20, 2013 6:21 PM

    He was standing up for his hood, screw the 40 million $ contract, hoods more important

  51. dynaco says: Jun 20, 2013 6:21 PM

    phreakin says:
    Jun 20, 2013 5:37 PM
    “lol. Years of NYJ circus non-sense and the Pats get one incident and you think you’re still off the hook.”

    ———————————————-
    Really just one incident? Loosen up that hoodie and Google spygate for starters.

  52. jayniner says: Jun 20, 2013 6:22 PM

    Circus Ring Leader: Alright, pack up the tent, we’re moving this thing from Jersey to New England….

  53. vikingsvoice says: Jun 20, 2013 6:22 PM

    If Myra were still around, I can’t imagine Hernandez would be a Patriot much longer.

  54. randolph32 says: Jun 20, 2013 6:25 PM

    Thanks Stiller43, but any attempt to teach English on this Forum is muted by the authorities….it’s more humorous to read how dumb people are.

  55. bobzilla1001 says: Jun 20, 2013 6:25 PM

    Has anyone told ESPN about this story? Odd how quiet that network is about something as news worthy as this.
    Now back to LeBron and that NBA final…

  56. elmoron says: Jun 20, 2013 6:26 PM

    elway6532 says:
    Jun 20, 2013 5:58 PM
    Send him hunting with Dick Cheney

    No, Cheney was driving…but he gave Aaron his gun along with a few aiming tips.

  57. dynaco says: Jun 20, 2013 6:29 PM

    elmoron says:
    Jun 20, 2013 6:12 PM
    Strange, haven’t heard from Ampats lately.
    ——————————————-
    He’s putting gas in the white Bronco.

  58. elmoron says: Jun 20, 2013 6:36 PM

    vikingsvoice says:
    Jun 20, 2013 6:22 PM
    If Myra were still around, I can’t imagine Hernandez would be a Patriot much longer.

    Come to think of it, where was Aaron that day?

  59. cliffordsegal says: Jun 20, 2013 6:44 PM

    Tim Tebo is back for true football fans to slap around, again. Plus, the “good Christian folks of America” will be happy to see him play. WIN.WIN.

    Some guy messed with “young and impressionable” Aaron’s sister in college and a few days later the guy ends up dead next to a car he had been seen in, earlier in the evening, alive and riding around with Aaron Hernandez. This was at the University of Florida (Our Motto: Love God and Take the Points) so the Patriots were always clear of this mess.

    Plus, I would normally imagine that Mr. Kraft’s money and connections would keep “”young and impressionable” Aaron from seeing any jail time. But, it is going to cost “young and impressionable” Aaron some big ass bucks for hush money and bribes. But, then again, the killing was committed in Florida so who knows?

    Coach Belichek will handle the “young and impressionable” Aaron situation the same way he always handles all such situations. “Young and impressionable” Aaron will soon be a former employee of the Craft Family, but, still a very wealthy young man. Hell, he was born in Bristol, Connecticut. He and his money aren’t going anywhere.

    But, he does get to go to that one last meeting with Coach Belichek.

    What a dumb-ass.

  60. smackingfools says: Jun 20, 2013 6:44 PM

    Gotta love America!

  61. steelcurtainn says: Jun 20, 2013 6:45 PM

    Talk about getting your face slammed by the door twice. Hernandez has got real problems. His NFL career will be short-lived.

  62. vaughnjoe says: Jun 20, 2013 6:49 PM

    Aarons aim got better in the coming weeks

  63. brutus9448 says: Jun 20, 2013 6:56 PM

    with Tim Tebow and now this the pats training camp will give a new meaning to the word “circus”

  64. nananatman says: Jun 20, 2013 6:59 PM

    Plexico… shot himself… in the leg… not someone else… in the face.

  65. kev86 says: Jun 20, 2013 7:01 PM

    Tebow in the slot in two TE formation?

  66. bartlettruss says: Jun 20, 2013 7:10 PM

    The guy who got shot in the face isn’t “riding piggy-back to the trough” because he filed his suit before this latest murder occurred. They did re-file for some reason, but apparently didn’t ask for more money.

    This is more like a perfect storm in which Hernandez is very much adrift.

  67. bubbybrister/shovelpass says: Jun 20, 2013 7:13 PM

    Mr Belichek,

    Jeremy Stevens is on Line one…

  68. stoytashaan says: Jun 20, 2013 7:17 PM

    With the way the Patriots operate, in two weeks it will be as if Hernandez never put on a uniform. That “circus” that everyone is talking about will have packed up and left town.

  69. mauicat1 says: Jun 20, 2013 7:19 PM

    As the comedian Ron White says, “You can’t fix stupid…..stupid is foorrevverrr”.

  70. cbass59 says: Jun 20, 2013 7:21 PM

    This isn’t the only circus incident. TEBOW, your owner claiming Putin stole his ring, Gronkowski’s surgeries, and now Hernandez shooting people in the face and whatever involvement with this murder.

  71. catquick says: Jun 20, 2013 7:28 PM

    Azarkhan……. Prosecutors put people on trial all the time without cooperating witnesses. In many murders, the witness is the victim. They can, and should collect evidence, take statements, and decide if there’s enough to prosecute. It would seem a slam dunk. There were two other occupants in h vehicle. GSR would probably remain. Like that reporter said, charge them all, and someone will roll. It’s prosecution 101.

  72. djaehne says: Jun 20, 2013 7:38 PM

    Call Ray Lewis, he had some good lawyers get him off the hook for murder.

  73. dynaco says: Jun 20, 2013 7:47 PM

    cbass59 says:
    Jun 20, 2013 7:21 PM
    This isn’t the only circus incident. TEBOW, your owner claiming Putin stole his ring, Gronkowski’s surgeries, and now Hernandez shooting people in the face and whatever involvement with this murder.

    ——————————————–
    SPYGATE & Tuckrule

  74. tjacks7 says: Jun 20, 2013 7:48 PM

    I, for one, am glad that I’m not an “associate” of Aaron Hernandez.

  75. lostsok says: Jun 20, 2013 7:59 PM

    Well, I’ll be the first to admit it. The Patriot fans were right.

    Gronk and Hernandez have indeed redefined the TE position.

    I just didn’t realize they’d meant: as the sickest joke in the NFL.

  76. bubbybrister/shovelpass says: Jun 20, 2013 7:59 PM

    This just proves that

    Tebow doesn’t bring the circus…
    the circus finds Tebow.

  77. jrebar88 says: Jun 20, 2013 8:00 PM

    Still hasnt been cut… Whats Bill waiting on? Oh thats right, he doesnt have any disease.

  78. phillyphil005 says: Jun 20, 2013 8:06 PM

    Lol at the 14 people who said they’d get shot in the face and lose their eye for 100k.

    You people are nuts!

  79. polapea says: Jun 20, 2013 8:27 PM

    Screw this idiot. He gets shot and won’t tell the police who did it and now you want money? What a jackass.

  80. liontuss says: Jun 20, 2013 8:39 PM

    This Just In! The news station helicopter camera was following a white bronco.

    Then they realized it was Wes Welker.

  81. elmoron says: Jun 20, 2013 8:54 PM

    elway6532 says: Jun 20, 2013 6:12 PM

    A couple more shootings and he might qualify to register as a chicago democrat. Eat your heart out Obama fans. This comment will be taken down immediatly I am sure.
    ——————————————————
    Signed,
    Charles Manson and Wayne LaPierre

  82. lanman11 says: Jun 20, 2013 9:08 PM

    I just heard Bill Belichick is going to put Hernandez on waivers where he will be immediately claimed by Jacksonville, and this whole thing will move back down to Florida.

    Dang! He’s always one step ahead…..how does he do it?

    Genius!

  83. blackngold4life says: Jun 20, 2013 9:46 PM

    Thought he got shot in the shoulder? Big difference then being shot in the FACE!

  84. themagicfanguy says: Jun 20, 2013 9:58 PM

    It almost makes me sick to read these comments. Guilty until proven innocent.

  85. doggeatdogg says: Jun 20, 2013 9:59 PM

    Supposedly at the time of the FLA shooting in February, Bradley was found all bloodied up behind a John Deere store most likely left for dead. He was uncooperative with law enforcement back then. He rehabbed and skipped the criminal complaint straight to the civil court. Maybe Hernandez was not ponying up all this time and the Mass event has expedited the lawsuit. Hernandez’s millions will be consumed by the lawyers, he wants his piece of the pie now.

  86. cmdrsmooth says: Jun 20, 2013 10:19 PM

    Why isn’t anyone asking to have this guy cut? Guess Pats are not so classy.

  87. nomoreseasontix says: Jun 21, 2013 12:44 AM

    I kinda suspect that the NFL’s personal conduct policy is the least of his problems at the moment.
    I’d bet he’s under surveillance 24/7 while the evidence is being put together. It probably takes awhile for the dotting of the I’s and crossing of the T’s needed to get his cellphone records and to recover what they can from his damaged security system hard drive.
    If there’s something there to get, they’ll more than likely get it.

  88. greenmeattruck says: Jun 21, 2013 3:17 AM

    Johnny Cochran is dead and gone, and OJ is in jail, so he’ll have to ask Dick Chaney how to get out of this one.

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