INDIANAPOLIS (WPVI) — A 69-year-old truck driver is pursuing legal action while recovering from injuries allegedly sustained during an altercation with former USC quarterback Mark Sanchez.
Warning: This story includes a graphic image.
Perry Tole’s attorney informed ABC News that Tole was subjected to a “violent,” and “unprovoked” assault by Sanchez, which led him to stab the ex-NFL player in self-defense.
Sanchez, a Fox Sports commentator, was initially arrested for multiple misdemeanors in connection with this weekend’s confrontation in Indianapolis.
Prosecutors announced on Monday, following an assessment of the victim’s injuries, that Sanchez would face a felony charge for battery resulting in serious bodily harm.
According to court records, the 38-year-old Sanchez suffered multiple stab wounds, whereas Tole endured a severe cut on his face that pierced through his left cheek.
Indianapolis ABC affiliate WRTV obtained this photo, with the black bar in place, showing who his family says is the alleged victim in the hospital.
Indianapolis ABC affiliate WRTV obtained this photo, with the black bar in place, showing who his family says is the alleged victim in the hospital.
Family handout
Erik May, Tole’s lawyer, stated, “The pictures reveal a significant wound on his face, affecting his jaw, mouth, and tongue.”
May added, “Due to the scarring and current swelling, his speech is impacted, and he is undergoing considerable pain,” which explains why Tole is refraining from interviews at the moment.
“Mentally, what he and his wife are going through has been considerable,” May said. “He’s just really shaken up.”
Tole’s son is getting married next week and “he’s not going be able to attend the wedding, so he’s sad about that,” victim attorney Eddie Reichert added.
What happened in the Mark Sanchez stabbing incident?
The incident unfolded early Saturday morning, when Sanchez allegedly approached Tole, who was doing his assigned work at a hotel loading dock and told him he couldn’t park there, according to police and prosecutors.
Sanchez allegedly climbed into the victim’s truck and kept him from calling for help, according to court records.
The victim said Sanchez shoved him when he tried to get his phone, and he felt he was “in physical danger,” so he pepper-sprayed Sanchez, according to court documents.
When Sanchez allegedly advanced toward him again, the victim said he thought, “this guy is trying to kill me,” so he pulled out a knife, “and when Mr. Sanchez came at him,” the victim stabbed Sanchez several times, according to court documents.
The victim said he went “flying back into the dumpster and falling onto the pallets on the ground,” and that he “was not aware of what Mr. Sanchez was physically doing to him, whether he was punching him or otherwise striking him,” court document said. The victim said he could only see Sanchez’s feet “coming at him,” and once the victim stood up, he stabbed Sanchez again, the documents said.
Tole has filed a civil suit against Sanchez and Fox.
Sanchez’s brother said in a statement, “This has been a deeply distressing time for everyone involved. Mark and our family are incredibly grateful for the concern, love, and support we’ve received over the past few days.”
“Mark remains under medical care for the serious injuries he sustained and is focused on his recovery as the legal process continues,” the statement said.
The sentence for the felony charge could be one to six years, Marion County Prosecutor Ryan Mears said. Sanchez, a first-round draft pick of the New York Jets in 2009, is next due in court on Nov. 4.
ABC News contributed to this report.
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