Court hearings, lawsuit proceed for Edinburg football player accused of tackling ref

EDINBURG, Texas (ValleyCentral) — A former Edinburg football player accused of tackling a referee continues to face both criminal charges and a civil lawsuit.

Emmanuel Duron, 22, was arrested in December 2020 after he was seen tackling a referee during a football game between Edinburg High and PSJA High. The alleged assault occurred after Duron was ejected from the game for unsportsmanlike conduct.

Video of the incident, which shows Duron charging the referee, with his helmet off before body slamming him, quickly went viral on social media. Duron was held back by teammates and coaches before being escorted from the stadium by Edinburg Consolidated Independent School District police.

Edinburg CISD forfeited the team's place in the playoffs, and Duron was banned from competing in high school sports.

Duron was charged with assault causing bodily injury, and has been in and out of court since late 2020. After multiple delays, Duron has a pre-trial hearing scheduled for March 21, for the assault case.

Lawsuit

The referee, Alfredo "Fred" Gracia, filed a lawsuit in the 464th District Court in 2022 against Duron and two other parties; the Rio Grande Texas Association of Sports Officials Football Chapter Division and Southwest Officials Association (Texas Association of Sports Officials, or TASO).

The lawsuit states that Duron stormed back onto the field, "brutally bowling over Gracia in front of the thousands of Rio Grande Valley residents in attendance." Gracia states that he was left defenseless to the attack, despite representatives from TASO, UIL and the school district being present.

The lawsuit references Gracia's love for football, stating he had dedicated 30 years of his life to the sport and took pride in his involvement, until the assault.

"Due to this preventable assault, he continues to suffer embarrassment, pain and ongoing psychological and physical damage," the document states.

The lawsuit brings up Duron's "history of violent behavior," citing an incident where he shoved a referee in a soccer match earlier that year. Gracia's legal team argues that the defendants disobeyed civil and criminal laws, that put his life in danger that day.

"As a proximate result of the assault, Gracia sustained severe and life-altering injuries," the lawsuit states.

The lawsuit argues that TASO failed to provide a safe environment for Gracia and his crew that night, claiming his injuries were directly caused by their "negligent, careless and reckless disregard of said duty."

The document concludes by stating that Gracia has had to seek medical care and attention, and has accrued medical expenses because of that. Additionally, the lawsuit claims Gracia has suffered physical pains, disfigurement, impairment and mental anguish that will continue into the future, if not permanently.

TASO's response

On March 6, TASO motioned for a summary judgment, arguing that Gracia "nonsensically" brought claims against them, when his testimony stated that Duron and the school district were responsible for Duron's actions.

"Based on this evidence, reasonable minds could not disagree that Duron was under the control and direction of Edinburg High School at the time of the incident and therefore TASO cannot be vicariously liable for Duron’s actions," the motion stated.

The document also states that Gracia was not, and never was, an employee of TASO, but was an independent contractor and member only.

Drug charges

Duron is facing separate, drug-related charges from an incident stemming two years after the alleged assault. The former star athlete was arrested in March 2022 after he was a found with cocaine in his vehicle, according to police.

Arrest records show that an officer responded to Los Lagos Drive in Edinburg, and found Duron asleep in the driver seat of his vehicle, with a strong odor of marijuana coming from inside.

Police inspected the vehicle, and found plastic bags with six grams of cocaine, the document stated. He was arrested on a felony charge of manufacture/delivery of a controlled substance, records show.

Duron waived his arraignment and the State advised the court that Duron was still pending the assault charge, and they were hoping to work out the case. On March 7, he made another appearance in court, and his plea deadline was scheduled for April 10.