May 22, 2007 10:54 am US/Mountain
Broncos' Kircus Appears In Court On Assault Charge
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by Terry Jessup
CENTENNIAL, Colo. (CBS4/AP) ―
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At the end of the driveway, Kircus is alleged to have struck the homeowner in the face causing serious bodily injury. He then drove away.
CBS
A judge ordered Broncos receiver David Kircus on Tuesday to stay away from the man he is suspected of assaulting at a weekend party.
The restraining order was issued one day after Kircus was arrested on suspicion of second-degree assault. District attorney's spokesman Michael Knight said the order, which also bars Kircus from contacting any witnesses, is routine in such cases.
Kircus, who resumed his NFL career last season after spending a year away from football working in a fast-food shop, is free on $6,000 bail. If convicted, he could be sentenced to two to six years in prison.
The restraining order was issued during a brief hearing in Arapahoe County District Court in suburban Centennial. Neither Kircus nor his attorney, Harvey Steinberg, would comment afterward. Kircus, wearing a brown suit, said nothing during the hearing.
The order also bars Kircus from drinking or possessing alcohol. Steinberg argued against that provision, but the judge let it stand and said it could be challenged again Friday, when Kircus is due back in court.
Knight said prosecutors will likely file charges against Kircus on Friday.
Sheriff's investigators said Kircus got into an argument when he was asked to leave a party early Sunday, hit Jeffrey Krieger, 25, and broke bones in his face.
Krieger's mother said he underwent two hours of surgery on his face.
Krieger's attorney, John Richilano, said the doctor who treated him said the broken bones around his eyes were "more severe than he'd ever seen."
Neighbor Joy DeWolfe talked to CBS4 about the incident.
"It was about 3 .a.m. when he came over. They were just having a barbeque and there weren't many people there," DeWolfe said. "One of the girls was dating (Kircus) and he came late."
DeWolfe said the girl didn't want Kircus to come in to the party and an argument broke out. He finally left after he was repeatedly asked by the others at the party to go.
"One brother followed him out to the driveway to make sure he was leaving," DeWolfe said. "I guess he just hauled off and hit him."
Coach Mike Shanahan said the team will await the outcome of the legal process before making any decision on Kircus' status.
"Obviously, if he didn't handle himself the right way, he won't be with us," Shanahan said Monday.
Kircus met with Shanahan on Monday before appearing in a photo lineup at the sheriff's department while his teammates participated in passing camp. The coach said what Kircus told him was "a much different story from obviously what came across from the other person."
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 season.
He is the second Broncos receiver to run afoul of the law this offseason. Brandon Marshall was arrested in March on suspicion of domestic violence.
(© 2007 CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)
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