San Francisco 49ers All-Pro linebacker Aldon Smith and former 49ers’ tight end Delanie Walker have been named in a lawsuit filed Tuesday by a man who was shot at a house party hosted by Smith in 2012, reports NBC Bay Area News.
The lawsuit, filed by Ronndale Esporlas, claims Smith and Walker were illegally brandishing and firing guns in an attempt to end the party in the East San Jose foothills after consuming large amounts of alcohol. According to Esporlas, Walker then moved from the balcony of the home to the driveway where he fired more shots into the air and towards some people at the party. The lawsuit claims that a group of people near the street fired back and Esporlas was caught in the crossfire. The man says he was shot twice and sustained “sustained serious, catastrophic and permanent injuries.”
The lawsuit also claims Smith and Walker knew the guns were illegally possessed.
The party was held on June 29, 2012 and went on until the next day. The players charged $10 to get in and $5 for each drink.
That same night, Smith was stabbed in the shoulder and the abdomen after trying to break up a fight at the party around 2 a.m. When officers responded to a 911 call from the party, reports at the time say Smith and two others who suffered gunshot wounds were taken to the hospital.
The suit was filed on Tuesday, five days before the 49ers open the 2013 season with a home game against the Packers.