Tuesday, January 19, 2010

David accused of Assault



As La Voz (thanks, tennisace) and several other Argentine news sites report, Antonio Simes, a taxi driver from Córdoba, is accusing David of having attacked and physically assaulted him last night. He intends to press charges.

Simes told the media that he was driving two young men who were supposed to carry out construction work at David's place. Arriving there at around 9pm yesterday, Simes says that the men told him it was okay to simply enter David's property and that everybody was doing it, therefore he drove on towards the house. What happened next, according to Simes, is that despite his attempts to clarify the situation, "David, who was playing football nearby, opened the door of the car without a word, grabbed me by my shirt and wanted me to get out of the car. Luckily enough I was able to break free for a moment and call my colleagues over the radio. They got there quickly, as did the police."
Simes claims that David's attack left him with a torn shirt, scratch marks and some bruises. He says that David offered him three shirts as compensation but that his reply was he didn't need any shirts and that he would press charges, instead. Because, as Simes puts it, "I've been brutally attacked".

David on the other hand denies having so much as touched Simes and says he merely went over to him to inquire what he was doing on his property, wanting to make sure he was not a burglar or thief. "There's a 'private property' sign and a closed gate and this guy entered without permission, so we went over to see who he was. He told us that he had been driving some people to work here and we asked him to call the police because we left our phones in our cars and suddenly he goes and tells the police we're kidnapping and threatening him." David has confirmed that there's currently construction work going on at his place but said that the workers are not allowed to enter his property in their cars. "There was no violence, on the contrary. I told him that he can't drive on other people's property. But well, these days, people will do anything for two minutes of fame."
According to David, nothing happened and therefore Simes won't be able to provide evidence for his allegations. "I didn't touch him. If he has a torn shirt, scratches and bruises then he should show them. But he won't be able to press charges." Adding, "they were on my property and yet I'm the one, who's being blamed."

Walter Barreiro, Unquillo's police chief, has confirmed that "at 10pm [last night] we received a call from a taxi driver requiring police assistance, saying he was being attacked by three people, one of them David Nalbandian".
Simes said yesterday that he'd press charges first thing in the morning. Right now, there is no news as to whether he has done so by now. Only that, according to Barreiro, by 9am Simes hadn't shown up yet.



If you want to have a look at Antonio Simes and at David, getting interviewed about the incident (he's basically saying the same things again as in the quotes here), two short videos have by now been added to the La Voz article.

(Additional sources: Cadena 3, Diario Los Andes, NotiExpress)


Update
According to a new article by La Voz (thanks, Anna), both sides are now pressing charges. David for breaking and entering and Simes for assault and battery. And it will be up to the "prosecutor's office to investigate the confused and unclear situation". While Fabian Farah, who's in charge of David's property, has had recorded that "a man in his 50s opened the gate and entered the property with his grey Peugeot 405 and that this man, identified as Antonio Simes, invaded David's property without any authorisation", Simes is now officially pressing charges against David for having "physically assaulted him on entering the premises".


(photos and montage: Cadena 3)

42 comments:

  1. This doesn't make any sense...if there are closed gates on David's property, how does anyone drive in without a security guard or someone to let him in?
    And if the gates were really closed and this guy broke in then that's breaking and entering, he can't be the one pressing charges.

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  2. Well, it sounds like the gates were either open to start with, or it was easy enough to open them...
    In any case, these questions will surely play a role if Simes really goes through with this.
    No news yet...

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  3. It was private property, and he should not have been there in the first place. If he had truly been assaulted, he could have filed a report the first chance he got, but he stalled. Who does that? Methinks the guy is bluffing.

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  4. This whole thing is suspicious. Private property is private property, regardless if the gates are open or not. If someone doesn't have permission to be there, he or she shouldn't be. This taxi driver seems like an unscrupulous opportunist trying to invent a story so he can get money from David.

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  5. Agreed. The assault and battery part sounds too outlandish for words. I think the taxi driver had it all planned out.

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  6. This makes no sense. As I posted in some place, the one who commited a felony was the TAXI DRIVER, not David. Even if he punched the guy, he was defending his property against an intruder and sorry, but Scratches? Nalbandian touched him and he has scratches only? One thing that makes this more unbeliveble is that according to this guy, David calmed himself when the police arrived. Sorry but if you're assaulting a guy, and other things, you're not going to calm down and act relieved when the police arrives?
    Seems David doesn't have security guards or anything (a very common thing in these little towns, like Unquillo) So, yes, if the door or whatever was closed is probable than someone could open it to enter a car (again something common in these towns). I think, from now, David will be more carefull and put guards. But even his house (where he lives with his mom) doesn't have any security more than some alarm (like any of us), no big walls or anything. Like some our houses.

    Also, accordint to Infobae, David pressed charges for trespassing this morning, when this guy was talking to the media, but didn't present anything to the police.
    Weird? Or more than obvious...

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  7. Also, in Unquillo everybody knows where David lives and that he's building his new house there (to live with Victoria).
    Every citizen has the right to defend his house and even use brutal force if it's necesary.
    To be clear, this guy WAS IN DAVID'S HOUSE WITHOUT ANY AUTHORIZATION, LIKE HE SAID AT THE BEGGINING (I will not enter to a house even if some construction worker says to me that it's ok because everybody does!). SO, NO DEFENSE TO THIS GUY.
    David had every right to even hit him. He said he didn't, but even if he did, he was right, they didn't know who this guy was, what was doing there. He was in a taxi? There were cases of people using police uniforms to rob houses or banks, (not to mention the actual police officers doing this, well...)
    It's a time with a lot of problems in terms of security in Argentina.
    If I was in David's place with a guy in my property? I have to admit I could use a taser or even an actual gun. Not kidding

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  8. and in a total different thing, there's a picture were David looks really good (the other one from Cadena 3);)

    I have to see something about this because is ridiculous the guy was trespassing David's property, as the "poor victim" admited. So, what's the discussion, how this guy can press charges (if he does, because until now? big zero) Pathetic.

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  9. Thanks for the tip, they must've added that one later.
    I think that David got it right when he talked about people willing to do anything for their "two minutes of fame". Because all Simes has done so far is to speak to the media...

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  10. Anna, thanks for the information. It is expected that David would press charges for trespassing. However, the taxi driver is bluffing. It seems that when he was confronted, he started to get belligerent and incoherent. What does that tell you? Exactly...he's lying.

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  11. Thanks for the info, Anna.

    The whole story is ridiculous...starting from "it was okay to simply enter David’s property and that everybody was doing it..." to "the three shirts compensation" bit. If you're gonna lie, you better come up with something better than that.

    David should really lock those gates and get a security guard. I don't know how a very famous guy like him doesn't secure his house properly. Lot's of lunatics out there.

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  12. It's a shame for him though. I should think one reason he likes staying in his home town is that he hasn't felt the need for that sort of security. Until now...

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  13. Nancy, it's clear that this guy has no case. Just the fact that he would enter someone's property without permission indicates the regard he has for others. He practically treated David's property like a tourist spot, and when he was confronted, he played the part of victim. No one's buying, unfortunately.

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  14. not going to come to any conclusion on these reports but by the sound of it, that bastard overdramatic taxi driver is trying to find an excuse to pay for his retirement.
    i doubt this case will go far with such weak allegations and evidence.
    if anything, david should counter-sue him for tresspassing in private property and then threatening to sue with false allegations.

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  15. Leo,
    It is reported that David will press charges. With that, I hope this guy finds the courage and the decency to back off.

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  16. No news so far about any charges against David. And it's past 9pm in Argentina now.
    Looks like someone's having second thoughts about this...

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  17. Well, according to La Voz del Interior, David and the Taxi Driver, both press charges.
    There shouldn't be any problem: the guy can't open a door and pass just because some worker said "Yeah, it's ok, do it everybody does it", everybody in Unquillo knows that property belongs to David, there's no justification saying that someone not related to him that said worked there let him enter. What if those people weren't really workers but thief? I think someone has to explain to the driver that people lie (something that I think he knows already ;) ). It wasn't that Dave's mother or even some brother or friend said it was ok: it was only someone who SAID worked there.
    So, even with the joke the Justice is in Argentina there shouldn't be any problem for David. In the worst case? He hitted someone who was in his property without his authorization.

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  18. couldnt agree more Anna, but am sure that Simes is the last thing david cares about now, the guy iz waiting for the red signal from his muscles to enter the courts again

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  19. I should've known this would happen when I wrote that comment...
    Anyway, thanks for the hint, Anna.
    Update coming up.

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  20. Well, the articule said the guy went to the police this afternoon, when everybody was saying that David press charges against him in the morning, so maybe is more related to that, than anything. This guy is probably trying a defence with this (don't understand it and totally ilogic like a criminal pressing charges because was hitted when was stealing, but still).

    Yeah, David was relaxed on tv, and to all the question his answers were almost the same: the guy was on my house. Pure logic.
    Even the driver's statements to the press worked for David, for example,when he said David didn't want to listen to him, only wanted the keys of the car and the police (Yes, there's no doubt it was an assault! Poor guy.... ).
    But David was calmed, a little annoyed, but ok. He looked more interested in trainning than anything related to this.

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  21. I mean, the other articles all said Simes wanted to press charges first thing in the morning. So I'm not sure whether it's a merely a reaction to David pressing charges as well.
    Anyway, one thing is for certain, this really is the last thing David needs right now. I thought that abdominal tear was about as bad as it could get, sidelining him for yet another month. But who could've foreseen this...

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  22. Thanks Anna for all the details and information on this story. This all sounds like "sound and fury signifying little" in the long run. Best part of the whole story is seeing that David does indeed look in really good shape. lol

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  23. I found someone uploaded their blinking tv set reporting this news on youtube:

    http://www.youtube.com/watch?v=UFllKWNYrUE

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  24. Ok what was that?!
    Thanks Ana for the details and lol at "and sorry, but Scratches? Nalbandian touched him and he has scratches only?" So true though ;)
    Poor David, nothing seems to be working for him those days :(

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  25. Well, the articles speak of scratches and bruises...
    I guess this whole thing might be heading in the direction of an out of court settlement. And money...

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  26. Sounds strange that David was playing soccer when the driver entered the premises. How then does he have the abdominal strain that got him out of Australia?

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  27. I don't think it necessarily means they were really playing football, as in playing a match. Maybe they were just kicking the ball around a little.

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  28. Julia,
    Yeah, the article speaks of scratches and bruises, but all the man is doing is running his mouth. He has yet to show any evidence of any scratches or bruises. Until then, I don't think he's getting off that easy.

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  29. Wonder if Tamar has any more info on David and the taxi driver. I can only imagine what I might have done if confronted with the same situation. Don't think I would have offered to give him any shirts. On a brighter note Baghdatis' recent success only gives credence to how well David was playing in the final at Copa Argentina. What a great match Marcos played against Blake the other night.

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  30. You either mean Ferrer - or Delpo. ;)
    Tamar is currently on holiday. I don't know how much she's hearing/reading about this...

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  31. julia, any news about david's participation in copa telmex or Mexico ? u think he might stretch his comeback to Indian Wells ?

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  32. The official site says the plan is for him to make his comeback at the Copa Telmex. And that David thinks he'll be able to make it.
    - That's all I know, right now.

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  33. Ferrer, yes. Brain cramp. It was a late night. Delpo v Blake was great too.

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  34. I only managed to watch the first set of Baghdatis/Ferrer. And I didn't get to see Delpo/Blake... Can't afford to stay up all night. Though I would've done it for David, of course. :)

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  35. Noubar, I just found a new article that says David's recovery is going according to plan and that he has already taken up some "light" tennis training again. Starting next week, he'll be doing double shifts. And his goal is to play the Copa Telmex.

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  36. tnx julia, thats gr8, cuz we have no more patient waiting 4 him while he is enjoying his steak meals lol

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  37. Thanks Julia, that's good news :)

    I watched the first two sets of Baghdatis/Ferrer and then had to leave for work, couldn't believe my eyes when opened the scoreboard on my mobile phone! I missed the first set of Delpo/Blake but watched the rest and I agree with John that was a hell of a match!

    I wouldn't have stayed up either if it was that late over here Julia ;)

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  38. I'm posting this on behalf of Tamar, who has emailed this comment to me. (She can read but for some reason not leave comments here at the moment.)

    Hi everybody! Yeah, as Julia says, I'm on holidays, in Mar del Plata (a city with beachs), 400 kilometres far away from Buenos Aires. I have been reading all things about this mess... I'm up to date. I'm on David's side, but not because he is David. I'm on David's side just because I think David was right. It's incredible how the taxi driver entered on David's property... please, a bit of respect to the other person! This is incredible, amazing... sorry for what I will say: this things only happens in Argentina... It's incredible: the taxi driver it is doing something wrong and he is accusing David! And if David has done something to him, I think his attitude was okey. I think any of us would have probably reacted as David reacted if someone you don't know entered to your house... And take into account the situation in Argentina: lots of robberies in any place of the country. I would be scared if someone I haven't seen before enter to my house... And this situation the only think that is making is leaving David in a bad situation, and again, is being involucrated in a mess... in a mess without sense, a mess which the only thing is doing is defaming David.

    I was just going to leave that yahoo article that Julia has already left, it is quite good.

    About David's next tournament: On the Cadena 3 source Julia left on the last post, there is an audio. At the end of that audio, David says he will be in the Copa Telmex, and if the recuperation goes fine and he is perfect before the Copa Telmex, he will try to play another tournament before the Copa Telmex.

    Another topic: People, it is very very probable that I will be in the Copa Telmex, so I promise pics and my opinion about David's game and all things :)

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  39. Camilia, yeah, it's not easy for me to follow the AO. Or at least to watch anything live...

    And of course I'll keep looking for any news about David maybe playing another event before the Copa Telmex.

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  40. Thanks for your input Tamar and thanks in advance for the pics and info ;)

    Thanks Julia, I always keep checking in here for the latest news, even when I don't comment :) I was only able to watch the night session matches but today and tomorrow I'm off, so I'm watching some of the day session matches too!

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  41. thats good to hear Julia, and i think if he is to play before Argentina, it's definitely gonna be Costa do Sauípe in Brazil, cuz i don't think he can make Chile (Feb 1).I am really positive about this, hope he does play in brazil, specially that there are no big players in that tour, the best one beeing Tommy Robredo.

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  42. Good to hear from you, Tamar.
    I'd say the same thing that I did (about the owner of the property as the real victim here) even if it was other than David. Hell, after the whole Davis debacle I'm not fond to Del Potro, but if that happened to him, I'd be the first to talk in his defence. It's annoying, specially when you live in Argentina and you know the problems about security (people being killed, robbery, rapes etc every f*king day) and how the criminals walks again because the Justice is usseles or they're minors (we don't have the option to treat them as adults, like in other countries, so it's a joke!). So, even if the driver didn't do it to cause any trouble and was honest in his good will, at first at least, when he entered because the workers told him to, it's just another thing about what a joke this country is at times.
    It's ridiculous! if it wasn't so serious the whole insecurity thing? it'd be funny that a man who broke and entered a property could press charges against the owner for assault!.

    Well, let's talk about other things: I think Dave would be ok for the Telmex, and I hope he'd play in brazil. He needs the points.

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