Thomas McClary of Commodores Music Fame Charged with Battery in Orlando, FL

Online, August 2, 2011 (Newswire.com) - Thomas McClary of the music hit makers, the Commodores, is facing battery charges in Orlando , Florida , following an indefinite injunction placed by an Orange County Circuit Court on July 13th, 2011 from the petitioner, Magaly Whitehead.

Ms. Whitehead entered the Apple Store inside the Mall at Mellenia at 4200 Conroy Road , Orlando , FL 32839 , late in the morning on May 17th, when she saw Thomas McClary, who had been a family friend of her ex-husband for over a decade. In fact, she and her ex-husand had vacationed in October of 2009 at a celebrity gold tournament with Thomas and his wife, once familiar, they called him TMac. She gave him a hug as she greeted him. Ms. Whitehead says she was caught off guard minutes later, Thomas McClary went from conversation to leaning against her making crude intimate suggestions. Magaly states she couldn't believe that he started slipping his hand down her pants. Alarmed, she pulled back as he humored her saying, "You're afraid you're gonna like it," as she recounted the incident.

Thomas McClary proceeded to follow her out of the store and stopped her again in the Mall area, where Magaly said he stopped her and embraced her again. She exclaimed to let her go and recalls that he asked her to wait a minute while he continued to whisper gross suggestions saying what he would do while they were alone and proceeded to stick his tongue in her ear. She says she was absolutely mortified and disgusted by his actions and offensive words.

Magaly Whitehead called 911 to report the incident and officer Samuel Cunningham took the report. Charges for battery were filed on May 31st. Ms. Whitehead also filed for an injunction to keep Thomas McClary away from her as she says he made numerous calls to contact her since the day of the incident. A hearing was set for June 13th where McClary was a no show. The hearing was rescheduled for July 13th, when Tommy McClary did appear.

After hearing testimony from Magaly Whitehead, officer Cunningham and Thomas McClary, the Judge decided an indefinite injunction was put in place to keep McClary away from Ms. Whitehead. The judge gave detailed instructions of how strict the injunction was so that there could be no misunderstanding and that if there were any future incidents, Magaly Whitehead was told to call 911 immediately. He said that he thought the injunction was appropriate mentioning that Thomas McClary had given contradictory evidence. McClary was not to be in the same building as Whitehead, nor was he to call her or contact her. The Judge suggested that she keep a copy of the injunction in her purse or in her glove compartment of her car to have it ready for an officer of the law should there be a violation of the injunction.

Officer Samuel Cunningham provided video surveillance recordings from both the Apple Store and also from a mall security camera when they were outside of the store. Thomas McClary's verbal and testimony in a written statement contradicted Officer Cunningham's testimony according to what he witnessed on the video tape evidence, both from the Apple Store and security cameras at the Mellenia Mall.

Orlando 's Fox News 35 (click here for video) did a story on this incident on Friday evening, July 22nd, 2011 the day after the Florida State 's Attorney filed battery charges against Thomas McClary on July 21st.

Thomas McClary will face arraignment on the battery charges on August 23rd, 2011 where he will be asked to make a plea.

Gus R. Benitez, Esquire of the Benitez Law Group, P.L., 1223 East Concord Street , Orlando , FL 32803 provided representation for Magaly Whitehead.