A former defensive end for the New York Giants was acquitted Friday of battery in a Newport Beach bar fight.

Donald “Dek” Bake. Photo via Scout.com
Donald “Dek” Bake, who played for Texas Tech University before the Giants signed him as an undrafted free agent in 2007, had faced one felony count of assault with force likely to produce great bodily injury in addition to the misdemeanor battery charge.

The jury hung 11-1 for acquittal on the felony charge, and Orange County Superior Court Judge Gregg Prickett granted a motion from Deputy District Attorney Mark Geller to dismiss the deadlocked count.

Geller declined comment on the verdict.

Former University of San Diego quarterback Sebastian Trujillo accused Bake of attacking him outside American Junkie bar on Dec. 14, 2013.

After the verdict, Bake was emotional and embraced his attorney, John Barnett. Bake declined comment other than to say he was “absolutely relieved.”

Jurors deadlocked on the count related to Trujillo’s allegation. Bake was acquitted of striking another man who the defendant said jumped on his back and was elbowed, Barnett said.

According to Barnett, Trujillo approached Bake at the bar. “But my guy doesn’t want to talk to him because (Trujillo’s) drunk,” which prompted Trujillo to throw a drink at Bake, Barnett said.

Bake did not react, and a bartender made sure everyone cleared out with Trujillo’s group leaving first, followed by Bake and his friends 15 minutes later, Barnett said.

When Bake exited the bar, Trujillo and his friends were waiting for him, the defense attorney said.

The prosecution’s theory of the case was that Bake walked up to Trujillo and punched him in the face and kicked him again in the face when he was down, Barnett said.

Trujillo sustained multiple fractures to his face that required surgery, he said.

A San Bernardino County medical examiner testified that the injuries were consistent with one punch, Barnett said.

Bake testified that Trujillo took a swing at him before he punched Trujillo, Barnett said. One person in Trujillo’s group backed up Bake’s account, Barnett said.

Trujillo’s blood-alcohol level four hours after the brawl was 0.15 percent, nearly twice the legal limit for driving, Barnett said. That meant it was likely 0.20 percent at the time of the incident, Barnett said.

Bake, on the other hand, had only two drinks, Barnett said.

Multiple former football teammates testified that Bake was a “nonviolent” person. They testified how they — as large, athletic men — often draw invitations to fight from smaller men in bars, Barnett said.

Bake is 6-foot-5 and 250 pounds, and Trujillo is about 6-foot-3 and 210 pounds, Barnett said.

Bake “has never been arrested. He has a spotless record,” Barnett said.

Bake, who is now the head of a real estate firm that buys and sells distressed properties, played a year in Canada for the Saskatchewan Roughriders.

Bake was on the roster for the Giants for a year, but he was placed on injured reserve and never got a chance to play in a game, Barnett said.

— City News Service

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