TUSCALOOSA, Ala. — Two attorneys with West Virginia roots are representing University of Alabama basketball player Kai Spears in his lawsuit against The New York Times for a story published in March.
Steve New, of Beckley, is representing Spears along with R. Matt Glover, who is a West Virginia native who now lives in Tuscaloosa.
Marshall University Athletic Director Christian Spears is Kai Spears' father. In March, he said they were exploring legal options against the newspaper.
New said he is glad to be working with Glover on the case.
"We are looking forward to achieving Justice for Kai," New said. "I’m thankful for Matt Glover, a West Virginia native, and his firm for helping me move the case forward."
The news article in question was published in March during the NCAA men's basketball championship tournament, part of which was taking place in Alabama.
"Defendant New York Times intended to and did reach the citizens of Alabama with the publication of the false statements, as well as the placement of its reporter at the NCAA Tournament first-round game in Birmingham, Alabama," the complaint states.
On Jan. 15, Jamea Harris was shot and killed in Tuscaloosa and Darius Miles, a former UA basketball player, was charged with capital murder in the shooting. He pleaded not guilty. Michael Davis was also charged with the shooting, according to the suit.
Kai Spears claims Brandon Miller and Jaden Bradley were present at the time of the shooting and Spears was not present, but the New York Times published an article on March 15, stating that Spears was present.
On Jan. 15, Spears arrived back at his dorm with two others, Dylan Serafini and Esai Morse. At approximately 1:48 a.m., Spears FaceTimed Miller and Bradley to see where they ended up going out and was informed that shots were fired at their windshield, according to the suit.
Spears claims he then communicated with various people through text and FaceTime to try and determine what happened and at approximately 2 a.m., Cooper Lee, the UA basketball manager called Spears so he could come to Bryant Hall and he arrived at approximately 2:30 a.m.
Spears claims he went to the police station at 4 p.m. later that day, as the police wanted to interview all the basketball players who were out that night, and the police investigation established that Spears was not present at the time of the shooting.
On March 15, Spears was approached by New York Times Reporter Billy Witz and Witz asked him, "The night of the shooting, when you were in Brandon Miller’s car, were you scared when the shots were fired?"
"The Plaintiff was taken aback and simply responded, 'No comment,'" the complaint states. "The Defendant’s employee/agent Mr. Witz pressed the matter with the Plaintiff and asked him if he wanted to comment on his presence the night of the shooting. Plaintiff again responded with 'No comment' as per the UA Department of Athletics guidance."
At approximately 8 p.m. that day, the New York Times published and disseminated an article that made statements that Spears was present at the time of the shooting, according to the suit.
Spears claims that night he was bombarded with texts, calls and mentions on social media and five days later, through his counsel, he made a written demand for a public retraction, but NYT failed to retract the statements made.
The untrue statement was republished by a number of media outlets, according to the suit.
Spears claims the statements published by NYT exposed him to public ridicule and contempt and have caused him harm.
Spears is seeking compensatory and punitive damages. He is represented by Glover and New.
U.S. District Court for the Northern District of Alabama, Western Division case number: 7:23-cv-00692