NEW ORLEANS, LA (WVUE) - Holy Cross athlete Kyree Curington surrendered to police Wednesday around 6 p.m.
"It went without incident and he was given a recognizance bond with $2,500 dollars on each count," says Attorney Garron Johnson.
Curington was booked with two counts of simple battery involving a fight on Bourbon Street. over the weekend. Curington's schoolmates, 18-year-old Rhett Weidenbacher and Chris Collet were arrested Monday.
"He was with his friends minding their own business. They were celebrating a recent win over a rival school," says Johnson.
Curington's attorney, Garron Johnson, claims the Holy Cross students didn't start the fight that was captured on cell phone video. He says Curington was the victim of racial slurs before the brawl began.
"He did nothing wrong. He wasn't the aggressor. A grown man, which I think is pathetic, wants to pick a fight with some high schoolers. He called my client a bunch of racial slurs. I contend, and I will always contend, based on the video that the gentleman that instigated it, which has been identified as the victim, is a coward and a bigot," says Johnson.
Police say Curington's friend, Rhett Weidenbacher, hit the alleged victim, a 33-year-old man from Joplin, MO, with a closed fist. The punch, according to court records, caused the man to fall to the ground and hit his head on the curb, knocking him unconscious.
Weidenbacher's attorney says the video doesn't show the entire incident.
"You can't see it in the video, but one of those guys punched my client in the mouth," says David Courcelle.
Weidenbacher's attorney says the punch knocked out two of his client's teeth.
"This incident, which was completely and wholly unnecessary, was caused because someone decided to start using racial slurs against a 17-year-old black male," says Courcelle.
This is the second time Weidenbacher has been arrested for battery. FOX 8 obtained court records that show the football tight end was arrested in March when he attended a house party on West End Boulevard.
According to the report, Weidenbacher punched the victim in the face several times causing him to lose consciousness and have swelling to his right eye. The report states, the victim's right eye was fractured. The District Attorney's office says it consulted with the victim in this case, and the victim agreed to the terms of sending Weidenbacher to diversion as opposed to prosecuting him for battery.
The DA's office says Weidenbacher was placed in the diversion program just 24 hours before the Bourbon Street brawl this past weekend.