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Original Article

Hockey player must pay sheriff's sergeant $26,570
Civil trial's jury imposes fine in scuffle

Doug Haller The Arizona Republic Dec. 17, 2005 12:00 AM

Former Phoenix Coyotes left wing Brad May must pay a Maricopa County sheriff's sergeant $26,570 because of a late-night incident at a Scottsdale lounge three years ago, a civil trial jury has ruled.

Rich Burden, 40, of Phoenix, was seeking compensatory and punitive damages in Superior Court because he "basically got tired of the drunk professional athlete running amok," his attorney said Friday.

May, 34, played in Phoenix from 2000 to '03, earning a reputation for mixing it up on the ice. After spending just more than a season in Vancouver, he signed with the Colorado Avalanche last August.

Defense attorney John O'Neal said Friday that May just acted in self-defense and is reviewing appeal options.

"If Mr. May wanted to hit this man, he would've been hurt much worse," O'Neal said.

On April 15, 2002, May and some teammates were at the Cat Eye Lounge, then at 7164 W. Stetson Drive.

Burden's attorney, Daniel Treon, gave this account:

May wanted to get some of his friends into the club, but a bouncer wouldn't allow it because the establishment was at capacity. May persisted, saying, "Don't you know who I am? We're the Coyotes. We spend a lot of money here," Treon said.

The bouncer told May he could wait in line or leave. May then grabbed the manager's arm and yanked. The bouncer shoved the hockey player away.

Treon said Burden watched this from a distance. Burden was there with Sgt. Brian Whitney working security, wearing their Sheriff's Office uniforms. When Burden saw the scuffle, he intervened and said, "Take it easy, I'm a deputy with the sheriff's department. Relax. Let me handle it," Treon said.

Burden put his hands on May's arm to try to calm him, Treon said; the next thing he knew, May punched Burden in the left lower part of his jaw. It took Burden and Whitney several minutes and several attempts to restrain May, who eventually pleaded guilty to misdemeanor charges of assault and disorderly conduct.

Treon said Burden made it clear to May that he was a law officer. May's attorney, however, said that is not true. He described the altercation as May raising "his arms and (coming) in contact with Mr. Burden's face."

"It was a nightclub," O'Neal said. "It was dark. It was out in the parking lot. Mr. May didn't see the uniform because (Burden) came from the side. . . . My client did nothing wrong."

Burden's injuries were minor. He needed chiropractic care for his neck and upper back but nothing else. O'Neal said Burden asked for $150,000 in compensatory and punitive damages.

Treon said his client "just wanted a jury to award what they found was reasonable to condemn this type of drunken activity."

"I'm very happy with the decision," Burden said Friday.

May was unavailable for comment.