Ex-Astros pitchers’ sons get $3.24M for injuries in bar fight

The sons of two former Astros pitchers won $3.24 million Friday in their lawsuit over a 2019 assault at an upscale Washington Avenue bar.

Kacy Clemens and Conner Capel, the sons of former Astros Roger Clemens and Mike Capel, were cleared of wrongdoing and the Concrete Cowboy was found liable in a Jan. 1, 2019, altercation involving the bar staff that left both men bloody and injured.

Kent Adams, attorney for the bar owner and the bar’s parent company, said opposing counsel was an outstanding trial lawyer who did a great job on the Harris County case.

“Our clients are reviewing the next steps, and we will move forward per their instructions accordingly,” he said.

Clemens, 26, played first base in the minors for the Blue Jays. Capel, 23, was an outfielder in the minors for the Cardinals. Both men live in Houston.

Their lawyer made the case last week to a jury that the two friends were innocent bystanders amid a commotion at the packed bar. Witnesses said the bar owner and bouncers put them in chokeholds, roughed them up and threw them out. Capel had a skull fracture above his eye, where witnesses said he got slammed with a flashlight, and needed stitches. He also had bruised ribs, scratches and cuts. Clemens had injuries to his neck and a swollen elbow on his throwing arm, according to evidence at trial.

“This was a hard-fought case over two years to uncover the real facts as to what occurred,” said Randy Sorrels, who represented the plaintiffs. “The young men are appreciative of the jury exonerating them and holding the bar responsible.”

The younger ballplayers sued the bar owner, Daniel Wierck, and the bar’s parent company, 34th S&S, LLC. The jury ruled in their favor on two counts, finding the bar staff liable for assault and negligence.

Sorrels argued the owners created a dangerous environment by allowing hundreds more people than the bar’s maximum capacity.

The witnesses included Clemens’ father, a two-time World Series champion and seven-time Cy Young award winner, who said his jaw dropped when his son and godson arrived at his home in the early morning.

The elder Clemens told jurors, “It looked to me like they had been in a car accident.”

He said the altercation hindered his son’s reputation at his ball club.

Adams, for the company, told jurors Clemens and Capel were part of the group involved in the initial commotion and the bar should not be held responsible for their injuries.