On Friday, the Harris County District Attorney’s Office is presenting its case against Watson to a grand jury. The grand jury’s role is to determine whether the state has sufficient evidence to charge the quarterback, using evidence and testimonies. Texas requires defendants to be indicted by a grand jury to bring about felony charges, though they can also choose to indict on lesser charges. (Unlike a regular jury, which is used to determine innocence or guilt, a grand jury is used only to decide whether the state has probable cause to file charges.)
Houston PD noted in the search warrants issued for Watson’s social media accounts that they were investigating indecent assault as the crime committed, Vrentas has reported. Indecent assault is a Class A misdemeanor in Texas and carries a maximum $4,000 fine and up to one year in prison.
Multiple women who filed criminal complaints against Watson had been subpoenaed to testify in Friday’s grand jury hearing.
On March 11, the prosecutor announced that Watson would not face charges, after a grand jury returned nine “no” bills on nine criminal complaints against him.
Hardin released a statement following the verdict.
“We are delighted that the grand jury has looked at the matter thoroughly and reached the same conclusion we did,” Hardin said, per NFL Media’s Ian Rapoport. “Deshaun Watson did not commit any crimes and is not guilty of any offenses. Now that the criminal investigations have been completed, we are happy to move forward with the civil case depositions. We will vigorously defend those cases with every ounce we have.
“There were no crimes here but there is a plaintiffs’ attorney churning up negative press and churning up his clients hoping for a pay day. These cases have been the product of a lawyer maximizing his own personal publicity at the expense of others, including his own clients.It is time to let Deshaun move on.”
Friday marks the first of the quarterback’s depositions pertaining to the 22 active civil lawsuits describing sexual harrasment and sexual assault, and it happens to be the same day the grand jury will hear the Harris County District Attorney’s case against him.
According to The Times , eight of the 10 women who filed criminal complaints also filed civil lawsuits; however, Watson reportedly won’t be deposed yet for those specific cases.
On Feb. 21, a Harris County Judge ruled that Watson could be deposed in nine of the 22 active civil suits against him, meaning that information Watson discloses in Friday’s deposition could incriminate him. Hardin attempted to delay the depositions, but the court denied it and ruled that though Watson can be deposed for the civil suits, he can testify in the criminal complaints after April 1. Hardin said Watson is planning on invoking his Fifth Amendment right during the deposition.
Civil complaints are cases in which the plaintiff is not seeking prison time or criminal fines for the defendant. Instead, the plaintiff must present to the court the injuries or damages sustained, prove how the defendant caused harm and demonstrate that the court has jurisdiction. If the court rules in the plaintiff’s favor, the court can rule for the defendant to provide financial compensation to the plaintiff and order the defendant to stop the conduct that is causing harm.
In the 22 active civil complaints against Watson, all plaintiffs want action for damages that range from “conscious physical and mental pain and suffering, and anguish” to “reasonable and necessary medical, counseling, psychiatric, therapeutic and related expenses.” They also want “exemplary damages to deter such conduct going forward, and to make an example of this Defendant.”
In cases of sexual misconduct, survivors often prefer civil lawsuits over criminal complaints for a number of reasons beyond financial reparations (which are a normal part of the justice system for any crime). The criminal justice system is ill-equipped to deal with sexual violence, investigations can retraumatize survivors and there is a lack of control over a case handled by police. A civil case, on the other hand, is guided by the survivor. According to a University of Texas study, more than 90% of sexual assaults in the state go unreported.
Civil cases are usually urged to be resolved in other manners besides a trial. Common practices are mediation, arbitration and settlements. In November, Buzbee said that settlement talks between him and Watson’s legal team had broken down.
Watson is not currently suspended by the NFL, nor is he on the league’s commissioner exempt list. He was allowed to return to Texans training camp in July and remained on the roster throughout the 2021 season, but was not on the active roster for any of the team’s 17 games.
The NFL launched its investigation into Watson on March 18. By August, investigators had interviewed 10 of the 22 plaintiffs represented by Buzbee, with the 11th scheduled. Lauren Baxley, a massage therapist who says she was assaulted and harassed by Watson, recounted her meeting with league investigators to Vrentas, then of Sports Illustrated.
Baxley described the tone of her interview with league investigators Lisa Friel and Jennifer Gaffney as “patronizing” and “victim-blaming.”
“My forensic interview [with HPD] was very respectful and trauma-informed,” Baxley told Vrentas. “They let me speak uninterrupted, whereas with Lisa Friel and the [other NFL investigator], they would cut me off, they would question things, they would circle back.”
According to the NFL’s 2020 personal conduct policy, for players to land on the exempt list, they must be formally charged with “a crime of violence, meaning that he is accused … of having engaged in a sexual assault by force or against a person who was incapable of giving consent, or having engaged in other conduct that poses a genuine danger to the safety or well-being of another person.”
“How do you define violence? Because I felt like I was violently attacked psychologically when I was stuck in that room with him,” Baxely told Vrentas. “I know that I’m not the only one who felt that way, and I'm not the only one who continues to feel that way.”
A player can also land on the exempt list if the commissioner, through an investigation, believes a player may have violated any of the conduct identified above. The commissioner “can act where the circumstance and evidence warrant doing so.”
In October, commissioner Roger Goodell said that the league doesn’t “feel we have that necessary information to place [Watson] on the exempt list.” Some team owners went to the commissioner to see whether he’d be placed on it, but were never given a straight answer, per The MMQB’s Albert Breer.
The last update concerning the league’s investigation into the quarterback was given via statement on Dec. 16 to ABC13. It stated that it was still ongoing.
Despite the allegations against him, numerous teams reportedly entertained the idea of trading for Watson last season, most notably the Dolphins.
Reports began linking Miami and Watson in August 2021. On Oct. 20, a report from the Houston Chronicle stated that Miami and Houston were close to securing a deal, saying it could happen that week. The trade never materialized ahead of the Nov. 2 deadline.
Rapoport cited that a big draw for Watson was then Dolphins coach Brian Flores, and Watson was willing to waive his no-trade clause to play in Miami.
The Dolphins officially closed the door on Watson on March 2.
“The door is shut on Deshaun Watson,” Miami general manager Chris Grier said, per Sports Illustrated’s Albert Breer. Grier’s comment came a day after Houston GM Nick Caserio said the Texans are taking the quarterback situation “day-by-day.”
The Giants also shut down the possibility of trading for Watson.
“We’re not trading for Deshaun Watson,” Giants co-owner John Mara said on Jan. 26. “There are so many reasons why we wouldn’t do that. Cap-wise, we couldn’t afford [the acquisition], but more importantly, with the allegations that are out there right now, that is just not the right fit for us.”
Miami and New York were not the only teams interested in Watson—Carolina was, too. The Panthers initially showed interest during the previous offseason, before the sexual misconduct allegations became public, aggressively clearing cap space and rumored to be part of the sweepstakes for Watson. Now, a year later, the Panthers are once again interested in Watson, according to The Charlotte Observer’s Jonathan M. Alexander. The Panthers are reportedly back in talks with Houston.
NFL free agency begins Monday at noon ET; signings can become official on Wednesday at 1 p.m. ET. Rumors continue to swirl on the status of the quarterback and where he will land next. As of March 9, teams are reportedly still in the mix for Watson, with Rapoport calling the market for the quarterback “robust.” Along with the Panthers, Rapoport identified the Buccaneers and Seahawks as “among the teams” that could be interested in a trade for Watson.
Watson hasn’t played a snap since January 2021, and it was later reported that he asked to be traded from Houston that same month. After the initial filings in March 2021, rumors swirled that the lawsuits arose in response to Watson’s trade request. However, SI obtained text messages that showed plaintiff Solis had contacted Buzbee’s law firm in December 2020.
Lovie Smith, who was hired as Houston’s coach on Feb. 7, said on The Rich Eisen Show regarding the Watson situation that “time will take care of it.”
Despite never suiting up in a Texans uniform in the 2021 season, Watson was paid $10.5 million.
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