affidavit

The 69-year-old truck driver who got into a physical altercation with former USC quarterback Mark Sanchez over the weekend is out of the hospital and continuing his recovery at home, according to his attorneys.

Indiana resident Perry Tole suffered a laceration on his left cheek during an incident that occurred late Friday night and into early Saturday in an alley outside a downtown Indianapolis hotel.

“He’s been released from the hospital, recovering and hopeful that he’ll have regained function to — you know, his ability to speak,” Eric J. May, one of the attorneys representing Tole in a civil lawsuit against Sanchez, told TMZ on Monday.

“Right now he’s having a real difficult time communicating because of the large gash on his face. It affected his jaw, tongue and mouth.”

May added that Tole “can speak right now, but it’s just so slurred and so labored for him, just because of all the trauma to his mouth and cheek.”

Attorney Edward R. Reichert told TMZ that Tole won’t be able to attend his son’s wedding this weekend as a result of what he went through. May said he expects “further medical treatment and an ongoing treatment for him well into the future” and added that “psychological injuries” also are a concern.

“I think it’s too early to tell what his long term prognosis is going to be, but we’re hopeful,” May said. “He’s out right now, he’s back with his wife, and I think they’re just glad to be alive.”

Sanchez was pepper-sprayed in the face and stabbed multiple times by Tole during the scuffle, according to a probable-cause affidavit filed Saturday by the Indianapolis Metropolitan Police Department.

As of Monday morning, Sanchez remained in the hospital and was listed in stable condition. His brother released a statement later in the day on behalf of the Sanchez family.

“This has been a deeply distressing time for everyone involved,” Nick Sanchez said. “Mark and our family are incredibly grateful for the concern, love, and support we’ve received over the past few days. Mark remains under medical care for the serious injuries he sustained and is focused on his recovery as the legal process continues.”

Sanchez is being charged with a level five felony of battery involving serious bodily injury and three misdemeanors — battery resulting in injury, unauthorized entry of a motor vehicle and public intoxication.

Marion County, Ind., prosecutor Ryan Mears said Monday that more charges are possible as the investigation continues.

Sanchez was in Indianapolis to call Sunday’s Raiders-Colts game for Fox Sports. Fellow Fox analyst Brady Quinn filled in for Sanchez on the broadcast.

According to the affidavit, which was based on hotel surveillance footage and a statement Tole gave to the police, Sanchez apparently objected to Toles backing his box truck onto the hotel’s loading dock while performing his job with a company that recycles and disposes of commercial cooking oil.

Sanchez smelled of alcohol at the time of the confrontation, the affidavit said.

Tole’s civil lawsuit, filed Monday in Marion County Superior Court, alleges that he suffered “severe permanent disfigurement, loss of function, other physical injuries, emotional distress, and other damages” as a result of Sanchez’s actions.

Sanchez’s employer, Fox Corp., is named as a co-defendent in the suit, in which Tole seeks compensatory and punitive damages to be determined at trial.

The Associated Press contributed to this report.

Former USC quarterback Mark Sanchez is facing a felony charge after his physical altercation with a 69-year-old truck driver this weekend left the other man with what the prosecuting attorney described Monday as “significant and very severe” injuries.

The driver, Indiana resident Perry Tole, also filed a civil lawsuit Monday against Sanchez, alleging that he had suffered “severe permanent disfigurement, loss of function, other physical injuries, emotional distress, and other damages” as a result of the 38-year-old former NFL player’s actions.

Marion County, Ind., prosecutor Ryan Mears told reporters at a news conference Monday that Sanchez was being charged with a level five felony of battery involving serious bodily injury, which Mears said could result in one to six years in prison.

After a preliminary probable cause affidavit was filed by the Indianapolis Metropolitan Police Department on Saturday, Sanchez was charged with three misdemeanors — battery resulting in injury, unauthorized entry of a motor vehicle and public intoxication.

Further investigation by the IMPD preceded the filing of a second probable cause affidavit Monday morning, which led to the felony charge against Sanchez.

“Once we were provided with additional information about the victim’s current medical condition, it became clear to us that additional charges needed to be filed,” Mears said during the joint news conference with IMPD Chief Chris Bailey.

Mears added that it’s possible that more charges could come connected to the incident that occurred late Friday night and into early Saturday morning in an alley outside a downtown Indianapolis hotel.

“One of the things that I’m going to stress to everybody is that we are still in the early stages of this investigation,” Mears said. “Chief and his team have a number of search warrants that are still outstanding. They’re still tracking down additional information. This is, by no means, the end of this investigation. This, by no means, means that these are going to be final charges that we move forward with.”

Sanchez remained in the hospital and was listed in stable condition as of Monday morning. According to court documents, the 2009 Rose Bowl MVP was booked on the misdemeanor charges Sunday and a $300 bond was posted on his behalf at that time.

Mears said Monday that since the case will be now transferred to a major felony court, it would be up to the new court whether an additional bond will be issued based on the new charge.

Attorneys James H. Voyles Jr. and Jennifer M. Lukemeyer, listed in court documents as representing Sanchez in the criminal case, declined to comment to The Times.

An initial court hearing scheduled for Tuesday morning has been postponed until Nov. 4.

According to the first IMPD affidavit, which was based on hotel surveillance footage and a statement Tole gave to the police, Tole had backed his box truck onto the hotel’s loading docks while performing his job with a company that recycles and disposes of commercial cooking oil.

Sanchez allegedly confronted Tole and said that the hotel manager had told Sanchez he didn’t want the driver to replace the cooking oil. The Fox Sports analyst, who was in town to call Sunday’s Raiders-Colts game for Fox Sports, allegedly smelled of alcohol at the time.

During the ensuing altercation, Sanchez threw Tole toward a wall and also onto the ground, the affidavit said, before Tole, believing he was in danger, sprayed Sanchez with pepper spray and eventually stabbed him.

“Certainly the thing that stands out to us is this was a situation that did not need to occur,” Mears said Monday. “… We’re literally talking about people fighting over a parking space or a dispute about where people are parking, and it resulted in someone receiving just incredibly significant injuries.”

Tole suffered a laceration on his left cheek and was taken to a different hospital than Sanchez, the affidavit said. Max Lewis of WXIN-TV in Indianapolis reported Sunday that Tole’s family said that the cut “went through his cheek and hit his tongue,” making speech difficult.

Lewis also posted photos he said were provided by the family that showed the driver in a hospital bed with sheets that appeared to have several blood stains on them near the area of the cut on the man’s cheek. Tole, whose eyes had been blackened out to protect his identity at the time, is wearing what appears to be a neck brace and is hooked up to monitors.

Later on Sunday, family members told the New York Post of Tole, “He’s OK.”

They added: “We are talking to lawyers first. We want to be careful what’s said.”

Tole’s civil lawsuit, filed Monday in Marion County Superior Court, states that he suffered “significant injuries to his head, jaw and neck.”

Sanchez’s employer, Fox Corporation, is named as a co-defendant in the civil suit, on a count of neglient hiring, retention and supervision. Fox Sports did not immediately respond to a request for comment from The Times.

Tole is seeking compensatory and punitive damages to be determined at trial.

The Associated Press contributed to this report.

INDIANAPOLIS — Former USC quarterback Mark Sanchez was pepper-sprayed and stabbed multiple times during a late-night altercation with a 69-year-old truck driver in a downtown Indianapolis alley, which resulted in criminal charges against the Fox Sports analyst, according to court records filed Sunday.

Based on hotel video footage of the altercation early Saturday and the driver’s statement to police, an Indianapolis police affidavit alleges that Sanchez, smelling of alcohol, accosted the driver of a box truck that backed into a hotel’s loading docks, leading to a confrontation outside the vehicle that prompted the driver to defensively pull out a knife.

Sanchez was hospitalized with stab wounds to his upper right torso, the affidavit signed by a police detective said. Sanchez remained hospitalized early Sunday, according to police. The truck driver, identified as P.T., had a cut to his left cheek, it said.

Sanchez was in stable condition, Fox Sports said Saturday. There was no immediate update Sunday.

His initial court hearing was set for Tuesday in a Marion County courtroom.

Sanchez stabbed multiple times

As the altercation escalated, the driver feared “‘this guy is trying to kill me’” and pulled his knife as Sanchez came at him, the affidavit said. Sanchez was initially stabbed two or three times, then stabbed again when he went at the driver again, it said.

“The next thing P.T. knew was Mr. Sanchez looked at him with a look of shock, he slowly turned around and Mr. Sanchez took off northbound in the alley,” the document said.

Sanchez was in Indianapolis to call Sunday’s Raiders-Colts game. Instead, he was charged with battery resulting in injury, unauthorized entry of a motor vehicle and public intoxication — all misdemeanors. Police got a warrant to obtain Sanchez’s phone and clothes from the hospital, the document said.

There were no immediate court records indicating whether Sanchez had legal representation yet.

Marion County prosecutor Ryan Mears said Sunday that his office would “follow the facts and the law wherever they lead.”

“What began as a disagreement between a 38-year-old former professional athlete and a 69-year-old man should not have escalated into violence or left anyone seriously injured,” Mears said in a statement.

Fox Sports announcers acknowledge Sanchez’s absence

Sanchez told police at the hospital that all he could remember was grabbing for a window, the court document said. Sanchez said he didn’t know who else was involved or where the altercation happened.

“Friday night in Indianapolis, one of our team members, Mark Sanchez, was involved in an incident that, to be honest, we are still trying to wrap our heads around,” Curt Menefee said Sunday on Fox’s primary NFL pregame show. “At this time, our thoughts and prayers are with Mark and his family and all of those involved.”

Fox Sports play-by-play announcer Chris Myers also acknowledged Sanchez’s absence on Sunday before introducing Sanchez’s replacement, Brady Quinn. Myers said he wanted to send thoughts and prayers to Sanchez and everyone involved in the incident.

Police officers found Sanchez with the stab wounds when they were dispatched to a downtown pub about 12:35 a.m. Saturday. The truck driver was found in the alley.

Details of the confrontation were disclosed in the affidavit, based on video footage and the truck driver’s statement to police.

The video showed a man believed to be Sanchez running in the alley toward the truck, the affidavit said. The driver works for a company that specializes in commercial cooking oil recycling and disposal, and he was performed his work duties, it said.

Sanchez opened the truck door and began talking to the driver, the affidavit said. Sanchez told the driver he couldn’t be at the loading dock and that Sanchez had spoken to the hotel manager, the document said. Sanchez smelled of alcohol and his speech was slurred, the driver told police.

Affidavit says Sanchez threw truck driver to ground

Sanchez followed the driver from side to side of the truck, the court document said. When the driver darted toward the driver’s door, video showed Sanchez “grabbing and throwing” the driver toward a hotel wall, it said. The fight continued against a dumpster and Sanchez threw the driver to the ground, it said.

Sanchez climbed into the truck but got out when told by the driver he wasn’t allowed in, it said. Sanchez repeated that he spoke to a manager and didn’t want the driver to replace fryer oil, the document said. Sanchez tried again to get into the truck and blocked the driver from calling his manager, it said.

Believing he was in danger, the driver grabbed pepper spray from his pocket and sprayed Sanchez’s face, it said. Sanchez wiped his face and advanced toward the driver again, it said.

The driver then pulled his knife and stabbed Sanchez as the ex-quarterback came at him, it said. The driver fell onto pallets on the ground, he told police.

“While P.T. was on the ground, he could only see the feet of Mr. Sanchez coming at him, making P.T. realize that he was in a life-or-death situation,” the affidavit said.

The driver made it to his feet and stabbed Sanchez the last time as Sanchez came at him, it said.

Sanchez had a 10-year NFL career before retiring in 2019. He appeared on ABC and ESPN for two years before joining Fox Sports as a game analyst in 2021. The Long Beach native led Mission Viejo to a 27-1 record as a starting quarterback, winning a Southern Section Division II title in 2004. He later starred at USC from 2006 to 2008, passing for 3,965 yards and 41 touchdowns en route to a Rose Bowl win.

He left college early and was selected by the New York Jets with the fifth pick in the 2009 NFL draft. Sanchez also appeared in games with Philadelphia, Dallas and Washington.

Schreiner and Marot write for the Associated Press.

Warning: This article contains graphic descriptions of sexual abuse.

IOWA CITY, Iowa — The U.S. gymnastics world was only just recovering from a devastating sexual abuse scandal when a promising young coach moved from Mississippi to Iowa to take a job in 2018 at an elite academy known for training Olympic champions.

Liang “Chow” Qiao, the owner of Chow’s Gymnastics and Dance Institute in West Des Moines, thought highly enough of his new hire, Sean Gardner, to put him in charge of the club’s premier junior event and to coach some of its most promising girls.

But four years later, Gardner was gone from Chow’s with little notice.

USA Gymnastics, the organization rocked by the Larry Nassar sex-abuse crisis that led to the creation of the U.S. Center for SafeSport, had been informed by the watchdog group that Gardner was suspended from all contact with gymnasts.

The reason for Gardner’s removal wasn’t disclosed. But court records obtained exclusively by the Associated Press show the coach was accused of sexually abusing at least three young gymnasts at Chow’s and secretly recording others undressing in a gym bathroom at his prior job in Mississippi.

Last week, more than three years after being suspended from coaching, the FBI arrested Gardner, 38, on a federal child pornography charge. But his disciplinary case has still not been resolved by SafeSport, which handles sex-abuse cases in Olympic sports.

In cases such as Gardner’s, the public can be in the dark for years while SafeSport investigates and sanctions coaches. SafeSport requires that allegations be reported to police to ensure abusers don’t run unchecked outside of sports, but critics say the system is a slow, murky process.

“From an outward operational view, it seems that if SafeSport is involved in any way, the situation turns glow-in-the-dark toxic,” said attorney Steve Silvey, a longtime SafeSport critic who has represented people in cases involving the center.

While acknowledging there can be delays as its investigations unfold, SafeSport defended its temporary suspensions in a statement as “a unique and valuable intervention” when there are concerns of a risk to others.

Nevertheless, in 2024, Gardner was able to land a job helping care for surgical patients at an Iowa hospital — two years after the abuse allegations against him were reported to SafeSport and the police.

And it was not until late May that West Des Moines police executed a search warrant at his home, eventually leading to the recovery of a trove of photos and videos on his computer and cellphone of nude young girls, court records show.

Authorities in Iowa sealed the court documents after the AP asked about the investigation earlier this month, before details of the federal charge were made public Friday. Gardner, Qiao and Gardner’s former employer in Mississippi did not respond to AP requests for comment.

‘The job that I’ve always wanted’

Chow’s Gymnastics is best known as the academy where U.S. gymnasts Shawn Johnson and Gabby Douglas trained before becoming gold medalists at the 2008 and 2012 Olympics.

Qiao opened the gym in 1998 after starring on the Chinese national team and moving to the United States to coach at the University of Iowa. The gym became a draw for top youth gymnasts, with some families moving to Iowa to train there.

Gardner moved to Iowa in September 2018, jumping at the opportunity to coach under Qiao.

“This is the job that I’ve always wanted. Chow is really someone I have looked up to since I’ve been coaching,” Gardner told the ABC affiliate WOI-TV in 2019. “And you can tell when you step foot in the gym, just even from coaching the girls, the culture that he’s built. It’s amazing. It’s beautiful.”

A year later, Gardner was promoted to director of Chow’s Winter Classic, an annual meet that draws more than 1,000 gymnasts to Iowa. He also coached a junior Olympics team during his four-year tenure at Chow’s.

Several of his students earned college gymnastics scholarships, but Gardner said he had bigger goals.

“You want to leave a thumbprint on their life, so when they go off hopefully to school, to bigger and better things, that they remember Chow’s as family,” he said in a 2020 interview with WOI-TV.

Coach accused of sexual misconduct in Iowa and Mississippi

Gardner is accused of abusing his position at Chow’s and his former job at Jump’In Gymnastics in Mississippi to prey on girls under his tutelage, according to a nine-page FBI affidavit released Friday that summarizes the allegations against him.

A girl reported to SafeSport in March 2022 that Gardner used “inappropriate spotting techniques” in which he would put his hands between her legs and touch her vagina, the affidavit said.

It said she alleged Gardner would ask girls if they were sexually active and call them “idiots, sluts, and whores.” She said this behavior began after his hiring in 2018 and continued until she left the gym in 2020 and provided the names of six other potential victims.

SafeSport suspended Gardner in July 2022 — four months after the girl’s report — a provisional step it can take in severe cases with “sufficient evidentiary support” as investigations proceed.

A month after that, the center received a report from another girl alleging additional “sexual contact and physical abuse,” including that Gardner similarly fondled her during workouts, the FBI affidavit said. The girl said that he once dragged her across the carpet so hard that it burned her buttocks, the affidavit said.

SafeSport shared the reports with West Des Moines police, in line with its policy requiring adults who interact with youth athletes to disclose potential criminal cases to law enforcement.

While SafeSport’s suspension took Gardner out of gymnastics, the criminal investigation quickly hit a roadblock.

Police records show a detective told SafeSport to urge the alleged victims to file criminal complaints, but only one of their mothers contacted police in 2022. That woman said her daughter did not want to pursue criminal charges, and police suspended the investigation.

Victims of abuse are often reluctant to cooperate with police, said Ken Lang, a retired detective and associate professor of criminal justice at Milligan University.

“In this case you have the prestige of this facility,” he said. “Do they want to associate their name with that, in that way, when their aspirations were to succeed in gymnastics?”

Police suspended the investigation, even as Gardner was on probation for his second offense of driving while intoxicated.

A dormant case reopened, and a year later, an arrest

The case stayed dormant until April 2024 when another former Chow’s student came forward to the West Des Moines Police Department to report abuse allegations, according to a now-sealed affidavit signed by police detective Jeff Lyon. The AP is not identifying the student in line with its policy of not naming victims of alleged sexual abuse.

The now 18-year-old told police she began taking lessons from Gardner when she was 11 or 12 in 2019, initially seeing him as a “father figure” who tried to help her get through her parents’ divorce. He told her she could tell him “anything,” the affidavit said.

When she moved in 2021, she told police, he gave her a hug and said she could text and follow him on Instagram and other social media sites, where he went by the nickname “Coach Seanie,” because gym policy barring such contact no longer applied.

According to a summary of her statement provided in Lyon’s affidavit, she said Gardner fondled her during exercises, repeatedly touching her vagina; rubbed her back and butt and discussed his sex life; and made her do inappropriate stretches that exposed her privates.

She told police she suspected he used his cellphone to film her in that position.

Reached by the AP, the teen’s mother declined comment. The mother told police she was interested in a monetary settlement with Chow’s because the gym “had been made aware of the complaints and they did nothing to stop them,” according to Lyon’s affidavit. The gym didn’t return AP messages seeking comment.

It took 16 months after the teen’s 2024 report for the FBI to arrest Gardner, who made an initial court appearance in Des Moines on Friday on a charge of producing visual depictions of minors engaging in sexually explicit conduct, which can carry up to 30 years in prison. A public defender assigned to represent him didn’t return AP messages seeking comment.

It’s unclear why the case took so long to investigate and also when the FBI, which had to pay $138 million to Nassar’s victims for botching that investigation, got involved in the case.

Among evidence seized by investigators in late May were a cellphone, laptop and a desktop computer along with handwritten notes between Gardner and his former pupils, according to the sealed court documents.

They found images of girls, approximately 6 to 14 years in age, who were nude, using the toilet or changing into leotards, those documents show. Those images appear to have come from a hidden camera in a restroom.

They also uncovered 50 video files and 400 photos, including some that appeared to be child pornography, according to the FBI affidavit. One video allegedly shows Gardner entering the bathroom and turning off the camera.

Investigators also found images of an adult woman secretly filmed entering and exiting a bathtub, and identified her as Gardner’s ex-girlfriend. That woman as well as the gym’s owner, Candi Workman, told investigators the images appeared to come from Jump’In Gymnastics’ facility in Purvis, Miss., which has since been closed.

SafeSport’s power has limits

SafeSport has long touted that it can deliver sanctions in cases where criminal charges are not pursued as key to its mission. However, Gardner’s ability to land a job in healthcare illustrates the limits of that power: It can ban people from sports but that sanction is not guaranteed to reach the general public.

While not commenting about Gardner’s case directly, it said in a statement provided to AP that a number of issues factor into why cases can take so long to close, including the 8,000 reports it receives a year with only around 30 full-time investigators. It has revamped some procedures, it said, in an attempt to become more efficient.

“While the Center is able and often does cooperate in law enforcement investigations,” it said, “law enforcement is not required to share information, updates, or even confirm an investigation is ongoing.”

USA Gymnastics president Li Li Leung called the center’s task “really tough, difficult to navigate.”

“I would like to see more consistency with their outcomes and sanctions,” Leung said. “I would like to see more standardization on things. I would like to see more communication, more transparency from their side.”

A case that lingers, even after the SafeSport ban

As the investigation proceeded, Gardner said on his Facebook page he had landed a new job in May 2024 as a surgical technologist at MercyOne West Des Moines Medical Center. It’s a role that calls for positioning patients on the operating room table, and assisting with procedures and post-surgery care.

Asked about Gardner’s employment, hospital spokesman Todd Mizener told the AP: “The only information I can provide is that he is no longer” at the hospital.

Meanwhile, the case lingers, leaving lives in limbo more than three years after the SafeSport Center and police first learned of it.

“SafeSport is now part of a larger problem rather than a solution, if it was ever a solution,” said attorney Silvey. “The most fundamental professional task such as coordination with local or federal law enforcement gets botched on a daily basis, hundreds of times a year now.”

Foley and Pells write for the Associated Press. AP reporter Will Graves contributed.

MADISON, Wis. — A federal grand jury indicted a Wisconsin judge Tuesday on charges she helped a man in the country illegally evade U.S. immigration authorities looking to arrest him as he appeared before her in a local domestic abuse case.

Milwaukee County Circuit Judge Hannah Dugan’s arrest and ensuing indictment has escalated a clash between President Trump’s administration and local authorities over the Republican’s sweeping immigration crackdown. Democrats have accused the Trump administration of trying to make a national example of Dugan to chill judicial opposition to the crackdown.

Prosecutors charged Dugan in April via complaint with concealing an individual to prevent arrest and obstruction. In the federal criminal justice system, prosecutors can initiate charges against a defendant directly by filing a complaint or present evidence to a grand jury and let that body decide whether to issue charges.

A grand jury still reviews charges brought by complaint to determine whether enough probable cause exists to continue the case as a check on prosecutors’ power. If the grand jury determines there’s probable cause, it issues a written statement of the charges known as an indictment. That’s what happened in Dugan’s case.

Dugan faces up to six years in prison if she’s convicted on both counts. Her team of defense attorneys responded to the indictment with a one-sentence statement saying that she maintains her innocence and looks forward to being vindicated in court. She was scheduled to enter a plea on Thursday.

Kenneth Gales, a spokesperson for the U.S. attorney’s office in Milwaukee, declined to comment on the indictment Tuesday evening.

Dugan’s case is similar to one brought during the first Trump administration against a Massachusetts judge, who was accused of helping a man sneak out a courthouse back door to evade a waiting immigration enforcement agent. That case was eventually dismissed.

Prosecutors say Dugan escorted Eduardo Flores-Ruiz and his lawyer out of her courtroom through a back jury door on April 18 after learning that U.S. Immigration and Customs Enforcement agents were in the courthouse seeking his arrest.

According to court documents, Flores-Ruiz illegally reentered the U.S. after being deported in 2013. Online state court records show he was charged with three counts of misdemeanor domestic abuse in Milwaukee County in March. He was in Dugan’s courtroom that morning of April 18 for a hearing.

Court documents suggest Dugan was alerted to the agents’ presence by her clerk, who was informed by an attorney that the agents appeared to be in the hallway. An affidavit says Dugan was visibly angry over the agents’ arrival and called the situation “absurd” before leaving the bench and retreating to her chambers. She and another judge later approached members of the arrest team in the courthouse with what witnesses described as a “confrontational, angry demeanor.”

After a back-and-forth with the agents over the warrant for Flores-Ruiz, Dugan demanded they speak with the chief judge and led them away from the courtroom, according to the affidavit.

She then returned to the courtroom and was heard saying words to the effect of “wait, come with me” and ushered Flores-Ruiz and his attorney out through a back jury door typically used only by deputies, jurors, court staff and in-custody defendants, according to the affidavit. Flores-Ruiz was free on a signature bond in the abuse case at the time, according to online state court records.

Federal agents ultimately captured him outside the courthouse after a foot chase.

The state Supreme Court suspended Dugan from the bench in late April, saying the move was necessary to preserve public confidence in the judiciary. A reserve judge is filling in for her.

Richmond writes for the Associated Press.