A judge has agreed to let a Denver Broncos player accused of assault leave the state this weekend and drink alcohol.
Arapahoe County Judge Anne Ollada granted a request by receiver David Kircus’ attorney, Harvey Steinberg, for the restraining order against Kircus to be relaxed.
Steinberg made the request in court this morning, but Ollada wanted to consult Kircus’ alleged victim, Jeffrey Krieger, before granting the request.
Krieger could not be reached, as he was in surgery for multiple broken facial bones and an injured eye, after getting hit last Sunday.
The court was instead able to contact Krieger’s father, who did not object to Steinberg’s requests.
Kircus will be able to travel this weekend only, and Ollada agreed to lift the restriction against drinking alcohol “subject to change.”
Kircus is charged with second-degree assault, a class 4 felony, stemming from an early-morning altercation outside Krieger’s home in Centennial.
According to an Arapahoe County Sheriff’s Department report, Kircus was invited by a female acquaintance, Leslie Schote, to a party at Krieger’s home at 8245 S. Krameria Way.
Witnesses told authorities that there was a disagreement between Schote and Kircus at the party.
Schote asked Krieger to escort Kircus out of the house at about 4:20 a.m., according to the sheriff’s report.
Krieger led Kircus out through the garage, the report says. Once they were outside, Kircus reportedly said they were no longer on private property, so Krieger had no protection, the report says.
The Bronco then punched Krieger in the eye, fracturing multiple bones and preventing Krieger from moving his eye normally, according to the report.
After the punch, Kircus told Krieger, “You don’t know what I’m capable of,” the report says.
Kircus appeared in court this morning wearing a pinstripe suit. Both he and Steinberg refused to comment afterward, but as they approached a bank of TV cameras outside the courthouse, Steinberg told his client, “I’ll be the blocker.”
The judge set July 12 as a tentative date for a preliminary hearing in the case.
Kircus, who resumed his NFL career last season after spending a year working at a sandwich shop in the wake of being cut by the Lions, is free on $6,000 bail. If convicted, he could be sentenced to two to six years in prison.
Coach Mike Shanahan said earlier this week that Kircus’ version of the incident was considerably different from the accounts of those at Krieger’s party, indicating there may be a question about who instigated the altercation.
Kircus is a backup receiver and return specialist who joined the team last season. He had nine receptions for a team-leading 20.8 yards per catch and returned six punts for a 14.3-yard average last year.
The Associated Press and Denver Post reporters Kieran Nicholson and Mike Klis contributed to this report.
