Shilo Sanders’ push to clear an $11.89 million default judgment in bankruptcy court is off to a rough start.
The case stems from a 2015 altercation between Sanders, then a former Colorado safety, and a school security guard named John Darjean. That dispute eventually landed in civil court and produced the massive judgment Sanders is now trying to wipe away. But according to USA TODAY’s Brent Schrotenboer, who has been covering the trial, the opening day raised questions that could cut against Sanders’ defense.
Darjean’s attorney, Ori Raphael, used his opening statement to argue that Sanders’ version of events has shifted over time, which would undercut the self-defense argument Sanders has tried to advance. “For 10 years the defense (claimed) he never touched a man, a blow he swears he never struck,” Raphael told the judge.
“If that’s the case, it cannot be self-defense. No one accidentally acts in self-defense… And if today he changes his tune, his credibility, which is also on trial, is shattered.”
Sanders is being represented by Victor Vital, who said Sanders was 15 at the time and had been met with “disproportionate physical force” by Darjean. “The plaintiff escalated the encounter using disproportionate physical force against a 15-year-old boy,” Vital said. “The evidence is going to show he manhandled my client.”
Monday’s proceedings did not include live testimony. Instead, the court heard video testimony from prior lawsuits in 2017 and 2018.
In one of those videos, school founder Leroy McClure said Darjean was found to have done “nothing wrong” in an internal investigation into the incident. Darjean was seen getting teary-eyed as McClure made that point.
“I found him to do nothing wrong,” McClure had testified in the video.
McClure also described confronting Sanders about the incident and said he worried the situation could turn physical again. “He was very adamant about not giving up that phone,” McClure testified.
“In fact, he still had the phone in his hand. The way he was carrying himself, I thought there would be another confrontation that would have been between Shilo Sanders and myself.”
The trial continues Tuesday with witnesses expected to testify in person. Shilo Sanders’ father, Deion Sanders, is not currently expected to take the stand.
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Sitakes inclusion is the one that should matter most to BYU fans, even if nothing is imminent and nothing is decided. He has built enough credibility to keep showing up in these kinds of conversations, which is a compliment as much as a warning, because the more successful the Cougars look under him, the more often his name figures to appear whenever a major program starts casting a wide net. [Read more 🡒]