Charges Filed Against 3 in Assault on Chargers’ Player

The district attorney’s office has filed assault and battery charges against three men allegedly involved in an attack against San Diego Chargers nose tackle Joe Phillips.

Deputy Dist. Atty. Mark Pettine said the three were charged with felony counts of assault with force likely to produce great bodily injury and battery intended to inflict serious bodily injury, and a misdemeanor malicious mischief charge.

David Hanna, 22; Scott Stewart, 24, and Brett Dost, 21, will remain free without bail pending their arraignment in Municipal Court, which hasn’t yet been scheduled, Pettine said Tuesday.

“Two of the defendants are represented by attorneys and we have notified them of the charges, and they have promised to surrender their clients when we have placed them on the court calendar,” Pettine said.

“The other defendant will be notified of the charges by mail and also is expected to surrender voluntarily,” he said.

Pettine said the decision to prosecute was made after a lengthy investigation by police and a review by the district attorney’s office.

Phillips, 27, suffered a skull fracture, broken nose, three broken ribs and a broken facial bone near one of his eyes in the Sept. 26 attack. He underwent surgery for some of the injuries, which could cause him to miss the rest of the Chargers’ season.

Phillips, a fifth-year NFL veteran, was attacked as he and an unidentified female friend were walking to his car after leaving a Mission Beach restaurant and bar.

A witness told police that someone in a car with the defendants made a remark about the woman as they drove past. The comment led to an exchange of words between Phillips and the defendants, which quickly escalated into a brawl.

Phillips described his assailants to investigators as “body-builder types,” at least one of whom allegedly kicked him with steel-toed boots while he was on the ground.

Witnesses gave the license number of assailants’ car to police, who used it to track down the defendants.

The malicious mischief charge stems from the fact that the windows of a car Phillips was driving were broken during the incident, Pettine said.

The Chargers have placed the 6-foot-5, 275-pound Phillips on the reserve non-football injury list. Club officials have said it isn’t known yet if Phillips will be able to return for the last few weeks of the season.

Chargers defensive linemen Les Miller and George Hinkle are sharing duties at nose tackle in place of Phillips, who joined the Chargers as a replacement player during the 1987 players’ strike.

He had started in each of the Chargers’ games for the past two seasons until the attack. Originally a fourth-round selection by Minnesota in the 1986 draft, Phillips was released by the Vikings during their 1987 training camp before joining San Diego.