According to a new affidavit filed Monday, Sanchez was running in an alley near the Indianapolis Marriott Downtown when he approached the 69-year-old man. Tole works for a company that exchanges commercial frying oil and was parked in a loading dock area of a hotel.
Detectives reviewed surveillance footage from the Indianapolis Marriott Downtown, which captured the incident and showed Sanchez approaching Tole’s truck and beginning a conversation, the affidavit said. CNN has reached out to the hotel to review the footage.
Tole told detectives that Sanchez – whom he did not recognize – smelled of alcohol and was slurring his speech.
He also said that Sanchez had climbed up into the cab of the truck despite Tole insisting he should not enter. The footage reviewed by detectives showed Sanchez grabbing Tole throwing him up against a wall.
Tole told detectives that he pepper sprayed Sanchez and, when Sanchez continued to advance toward him, Tole pulled out his knife and struck Sanchez several times.
According to the affidavit, Tole was quoted saying, “This guy is trying to kill me.”
Tole told police that he took out his knife and stabbed Sanchez two or three times and then fell into the dumpster and some pallets that were on the ground. He said he felt he was in a life-or-death situation as Sanchez was on top of him, before eventually getting back to his feet.
“Somehow, (Tole) made it to his feet, and when Mr. Sanchez came at (Tole, he) stabbed Mr. Sanchez the last time. The next thing (Tole) knew was Mr. Sanchez looked at him with a look of shock, he slowly turned around and Mr. Sanchez took off northbound in the alley,” the affidavit states.
The lawsuit states that the truck driver was “bleeding profusely and severely injured” after the incident. The suit adds that Toler suffered “permanent disfigurement, loss of function, other physical injuries, emotional distress and other damages.”
The lawsuit accuses Fox Corporation of not supervising Sanchez’s behavior and that it should have known about his “propensity for drinking and/or harmful conduct.”
Sanchez later told a detective that he could barely remember anything from the incident, and that he did not know who it involved or where it happened.