Aggravated battery trial for former KU basketball player Silvio De Sousa begins with opening statements

photo by: Lauren Fox

Former University of Kansas basketball player Silvio De Sousa, left, is pictured with his attorney, Hatem Chahine, on Tuesday, May 4, 2021, in Douglas County District Court.

A jury trial began in Douglas County District Court on Tuesday for former University of Kansas basketball player Silvio De Sousa, who is charged with aggravated battery for allegedly striking a man in the face and causing him to lose sight in one of his eyes.

The jury selection process occupied most of the day, but the prosecution and the defense ended the day by providing their opening statements to the jury.

Deputy District Attorney Joshua Seiden said he believed that the evidence to be presented over the next few days would show that De Sousa “recklessly” punched the man in the left eye, causing the eye to rupture. Hatem Chahine, De Sousa’s attorney, told the jury that he believed the evidence would show that De Sousa did not cause the man’s injury. Chahine said that De Sousa did not punch the man, but slapped him, and that this could not have caused his eye to rupture.

“A slap across the cheek did not result in the loss of an eye,” Chahine told the jury.

De Sousa was bound over for trial in May after the court heard testimony from the man who was injured and others, the Journal-World previously reported.

The incident that led to De Sousa’s charges took place on Jan. 1, 2020, outside Brothers Bar and Grill, 1105 Massachusetts St.

The man who was injured, who is a Johnson County resident, said he had come to Lawrence alone to celebrate New Year’s Eve. He exited the bar just after midnight to get some fresh air, he said, and he heard an argument between De Sousa and a female who was identified as De Sousa’s girlfriend. The two were also outside the bar, along with about 20 others.

The man said he did not recognize De Sousa as a KU basketball player, and that the argument he was overhearing upset him because “it was supposed to be a happy time.” He then told De Sousa and the female to “shut the (expletive) up.”

An altercation followed, and the man said he was struck twice by De Sousa.

“It felt like my eye was getting hit with bricks,” he said. He said that immediately afterward, he was unable to see out of his left eye and that there was blood and “goo” coming out of it.

On Tuesday, both Seiden and Chahine said the evidence would show that an altercation occurred, but they differed on some specifics.

Seiden said evidence would show that the man left the bar after the altercation and went to a nearby park to rest and get over the pain. Eventually he became nauseous and went to the hospital to receive treatment, where he met a police officer and the criminal case began. The man has had multiple surgeries on the ruptured eye but still cannot see out of it, Seiden said.

Chahine, however, said evidence would show that the man was slapped but did not suffer immediate injuries. Chahine said that the man then apologized to De Sousa’s then-girlfriend and walked away, and that it was several hours before he sought treatment for the injuries that he claimed were caused by De Sousa.

The first witness in the case is scheduled to testify in court Wednesday morning. The trial is expected to last at least until Thursday and possibly into Friday.


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