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.