KNOXVILLE, Tenn. — University of Tennessee football player Jaylen McCollough's assault case will move forward after he appeared for a court hearing in Knox County Thursday.
The Knoxville Police Department said officers arrested McCollough after he punched Zion Spencer outside his Fort Sanders apartment on Oct. 9. Spencer said he mistakenly entered an apartment on Grand Avenue while McCollough was inside.
The case will now be heard by a grand jury. McCollough's defense team asked the court to dismiss the case.
Spencer testified Thursday that he accidentally wandered into McCollough's apartment and McCollough ended up punching him, saying he then fell and suffered serious injuries.
Warren Burrell, who was testifying on McCollough's behalf, said Spencer was standing with McCollough in the apartment near the TV in the living room.
However, Spencer said he never stepped more than half a foot inside.
Burrell said McCollough backed Spencer out of the apartment with his body, as he wouldn't leave on his own.
He said McCollough hit Spencer once when he was in the doorway, maybe a couple of inches outside. This was the last time Burrell saw Spencer.
Burrell testified Spencer was leaning against the railing and making weird noises. He said he asked if he could help him several times before Spencer said yes.
He said he helped Spencer up and got water and paper towels for him but didn’t think about calling the police or EMS.
Burrell said he first received a phone call from the police on Wednesday.
McCollough's Testimony
McCollough testified that he had asked Spencer to leave the apartment that night after he walked about 3 feet inside, saying Spencer kept saying, "my phone, my phone."
McCollough said he tried to walk Spencer out of the apartment after "sizing him up," saying he wouldn't leave as he backed him out of the apartment.
McCollough said he shut the door behind him because his girlfriend was inside and he saw Burrell approaching, saying he tried to shield her from the intruder. He said Spencer wouldn't leave and began arguing with him.
"I just wanted him out of my house. He started getting aggressive," McCollough said. "He wasn't cooperating. I just wanted him out of my house. He threatened to reenter my home, and I hit him once in the mouth.”
McCollough said he didn't feel the need to call the police after the incident because he "handled the intruder." He said he then went to UT's athletic training facility after calling, saying a trainer told him he needed stitches for a gash on his hand. Police arrived a minute later and put McCollough in handcuffs as he went to his car in the parking lot.
McCollough's attorneys said Spencer was intoxicated at the time, saying McCollough "wanted nothing more than to watch a football game" that night.
“The man was intoxicated. So intoxicated he handed his license to an officer. Twenty minutes later forgot he handed his license to another officer," McCollough's attorney said.
The defense asked the judge to dismiss the case, saying it was clear McCollough's actions were in self-defense.
The Case Will Continue
Judge Andrew Jackson concluded he had heard "two stories" of the events from that night, questioning some of McCollough's actions.
“I don’t know why Mr. McCollough got him out of the apartment and didn’t just shut the door and call the police,” Jackson said.
Jackson said some of Spencer's statements were inconsistent but said he was in an intoxicated state and suffered a concussion.
"Those could leave a person to not know where his license was," he said.
Jackson bound the case over to a grand jury, saying the question of whether this was self-defense or an assault is something a jury will have to decide.