Aldon Smith, Delanie Walker named in lawsuit over alleged shooting

AP

Here’s a story we’ve never encountered before.  (That’s a reaction we seem to have all too often when covering the NFL.)

49ers linebacker Aldon Smith and Titans tight end Delanie Walker face a lawsuit in California.  According to CSNBayArea.com, a man named Ronndale Esporlas contends that he was shot while attending a party hosted by Smith.

Smith, per the lawsuit, hosted a party at his home on June 29, 2012, at a cover charge of $10 and a per-drink cost of $5.

Esporlas claims that, when the time came to end the party, Smith and Walker “appeared on the balcony of the house, brandished handguns, and began shooting in the air.”  Esporlas contends that Walker then made his way to the driveway of the home, where Walker “began firing a handgun in the air and towards others attending the party.”  Which then allegedly prompted a group of people near the street to begin firing gunshots back toward Smith’s house.

Esporlas claims he was caught in the crossfire, struck twice with bullets, and “sustained serious, catastrophic and permanent injuries.”

Both Smith and Walker were allegedly intoxicated.

The date of the party, which started on the evening of June 29, 2012 and continued into June 30, meshes with an incident that resulted in Smith being stabbed in the shoulder and abdomen while he tried to break up a fight at a large party.  Per the reports that emerged at the time, Smith and two persons who sustained gunshot wounds were treated at a local hospital.

The suit was filed on Tuesday, five days before the 49ers open the 2013 regular season with a home game against the Packers.

53 responses to “Aldon Smith, Delanie Walker named in lawsuit over alleged shooting

  1. Wait so this was at the same party that was the same night Aldon Smith got stabbed? So that would make it over a year ago.

    So why does it take a year? I mean if anyone else were injured in a way where it’s described as having “sustained serious, catastrophic and permanent injuries.” wouldn’t you file that lawsuit the second you could get a lawyer(which even if you were poor wouldn’t be that difficult considering suing an athlete has the potential of a big commission for the lawyer and some press)?

    I mean why the wait? Even if you needed time to gather witnesses for the lawsuit there is no way it would take this long to file a lawsuit. You are a lawyer Florio why not explain why one would make their client wait over a year?

  2. I kept reading & he contends the hot sauce did additional damage to his colon, that’s near the bottom.

  3. I hope this is a BS allegation. I’m no 49ers fan by any stretch, my concern is geared more towards wanting to believe no gun owner is dumb enough to be: handling or brandishing firearms when drunk, shooting firearms into the air, clearly having zero regard for public safety while holding a loaded firearm. Its bad enough that ANYONE would do this, but high profile athletes make it even worse bc too many people see them as role models.

    Cmon man, these arent toys. If youre going to treat them that way, I hope you go to jail for your irresponsibleness.

  4. People have been piling on the Patriots because of Hernandez…

    But this type of behavior can happen to ANY team, and it’s probably not going to get any better…

    It’s just a shame…

  5. “Per the reports that emerged at the time, Smith and two persons who sustained gunshot wounds were treated at a local hospital.”

    Why were the police not involved in the incident then? Usually gunshot wounds get investigated, right?

  6. bmorelikeray52 says: Sep 4, 2013 6:22 AM

    This has to be the worst offseason in NFL history.
    ___________________
    Plus Darnell Dockett didn’t actually own a tiger. Just major disappointments all around. On the other hand, Barkevious Mingo, Baccarri Rambo, C.O. Prime, and Rodrick Rumble all entered the league this offseason, so that should be fun.

  7. Everyone complaining that it was a year ago, how long do you think it takes to get a civil suit going? The real question is whether there was a criminal complaint filed, and if not, why?

    That said, lets wait and see. While the NFL has it’s share of criminals, it also has it’s share of guys who get accused of things they weren’t responsible for. This guy may be legit, he may just want cash.

  8. Guns & rich, drunk, stupid, spoiled, testosterone fueled athletes apparently aren’t a good mix.
    Even Plaxico thinks these guys are dumb, he went to jail for a year for carrying a gun which is not illegal in most places and shooting himself, not illegal anywhere.

  9. My favorite part of this lawsuit? The copy in the linked story names Smith, Walker, and “Does 1 through 100” as the defendants. So he’s suing 102 people, all but two of whom he can’t identify. I wonder if his lawyer’s name is Saul Goodman?

  10. bkh405 says:
    Sep 4, 2013 10:43 AM
    Must live in one hell of a neighborhood if you have multiple guests firing handguns in the air and police never made it to the scene.
    ============================
    even better is that the neighbors heard the shots and started firing back causing a “crossfire”.

    Time to move to a new neighborhood.

  11. Gun violence an nfl.issue? Come on who are we kidding? Again you let dogs in you are going to.get fleas..so many rogue football.programs letting the dbags in..as long as you are a superior athlete someone will.cover your criminal activity up. And you will get a shot at the nfl..do you really think that when players get caught shooting up the world that this is the first time they did this? Aaron hernandez is the perfect example of this..shoot ray lewis was considered a role model ..pacman.jones speaking at the rookie.symposium..those dudes should be in jail.for what they did..sickening

  12. Surprise Surprise, another classy move by a 49ers player (or two). And dont come back with a Lions crack, at least our players got busted for weed and not an act of shooting someone.

    Losers.

  13. Seriously….guys making millions of dollars a year are “hosting” parties at their house with a $10 cover charge and charging $5 / drink? That is bizarre.

  14. This can’t be good right before the season starts….

    What’s the difference between a dead snake in the road and a dead lawyer in the road?

    There are skid marks in front of the snake…

  15. So wait people want Aldon cut or suspended for a story that happened last year?

    I mean you really think The NFL the biggest sports entity in the country let alone the 49ers didn’t investigate this already? The second word got out of a party where one of their top second year players was stabbed and two people were shot you don’t think the league and team tried to investigate it right after it happened?

    Listen I wouldn’t mind the crys for his suspension because that is pretty dumb to do. But this story was over a year ago and Aldon has been pretty good by all accounts since. This story is basically refresher of old news to NFL circles I am guessing.

    And I see some people can’t read. Smith and Walker aren’t being sued for shooting the guy. They hosted the party where the guy was shot and according to his story were firing shots in the air while drunk as a way to wrap up the party.

    Either way they are named in this lawsuit. If it’s true than he names them because they technically started the chain of events. Even if his re-telling of events is BS those two still get named because it happened at a party they were hosting so even if there was 0 involvement in the events the lawyer will still find them responsible for hosting like every party host is when something like this goes down.

    So basically the worst that will happen is Aldon has to free up some of that extension money and Delanie has to free up some of that overpayment contract money for this guy and his legal fees. Otherwise non-story that has likely been investigated(and if it hasn’t the NFL really can’t find much now that a year has passed).

  16. I have no idea if the guy’s case has any merit, BUT I do know that waiting a year to file is perfectly reasonable. In a case involving injury, 90% of the time you do not file until treatment for the injury has concluded or further treatment won’t improve the condition. It’s a concept called “maximum medical improvement.” While there are sometimes circumstances that make it impossible to wait, any good personal injury attorney will try to wait until that point to know what will be needed once the case is filed and court deadlines begin to run. Additionally, with nerve injuries, it typically takes a year or two to know how much recovery will be made by the injured party. If this guy’s serious & permanent injuries included nerve injuries, there would be a delay.

    what’s more relevant is whether there was a police investigation. If so, why no charges? If not, why not?

  17. I smell bs. According to lawsuit, bullets were flying everywhere and no police were called? I’m sure Aldon lives in decent neighborhood and no one called the police. Also, you get hit with “crossfire” and you dont dial 911 for an ambulance???

    No police report, no ambulance, NO ONE DIALING 911. The lawsuit smells fishy.

  18. In other news, Russell Wilson is being sued in civil court for stealing the Lindbergh baby. What a degenerate low life RW is…stealing a baby. That is far worse than Aaron Hernandez.

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