Michael Vick's lawyer says his client was "long gone" before a shooting took place near a Virginia Beach restaurant that hosted his 30th birthday party. A spokesman for the Guadalajara restaurant, however, told ESPN's Kelly Naqi that owners have turned over video surveillance that shows Vick leaving just three minutes before shots were fired.
Allen Fabijan, a spokesman for the restaurant, said police have asked the club not to release the video to media, but allowed The Associated Press to view the grainy footage on Wednesday.
Vick's face is not discernible; a man wearing white that Fabijan said is Vick appears moving toward a parked car at 2:04 a.m. ET. A crowd quickly gathers, and Fabijan said Vick accommodated fans trying to get an autograph, to pose for a photo or to shake hands -- so much so that a club security guard tried to disperse the crowd.
The waiting car pulls away at 2:07 a.m. in the direction of the eventual shooting. Numerous people are seen lingering in front of the club for several minutes until, at 2:10:55, they suddenly appear to duck for cover.
Police spokesman Adam Bernstein, who said authorities have a copy of the video, said the first 911 call was received at 2:11.
Bernstein had said previously that Vick wasn't a suspect in the case. However, it appears the Virginia Beach police department is taking a new look at Vick after viewing the video and taking witness testimony, including Vick's.
"Right now, we don't really have a title for him," Bernstein told the Philadelphia Daily News.
Fabijan said Vick was not involved in any altercations during the hour he was inside, or immediately outside, the restaurant/nightclub.
Vick, accompanied by his lawyer Larry Woodward, was interviewed by police on Monday. Police say Vick is not a suspect and have not identified the shooting victim. Woodward, however, told the AP that it was Quanis Phillips, a co-defendant in Vick's dogfighting case.
Woodward said Vick left the restaurant at Town Center shopping center at least 10 minutes and perhaps as much as 20 minutes before the shooting.
Woodward stood by his timeline when contacted by the Daily Press.
"I stand by what I said, that Michael was long gone before the shooting, does not know who did the shooting and had nothing to do with the shooting," Woodward told the newspaper. "Anyone who says any different better be very careful."
Woodward said that Vick was not involved in the shooting and does not know who shot Phillips.
Woodward said Vick did not invite Phillips to the party and had no contact with him there. Vick remains on three years' probation and is not allowed to associate with anyone convicted of a felony unless granted permission to do so by his probation officer.
An NFL spokesman said Monday the league is looking into the shooting and had no further comment. NFL commissioner Roger Goodell reinstated Vick last July after the quarterback served a two-year suspension, saying at the time that Vick's margin for error would be "extremely limited."
Police have said witnesses described the shooter as a black man wearing a white tank top and driving a white Cadillac Escalade.
The Thursday night party was hyped on social networking sites such as Facebook and Twitter as "Michael Vick's ALL WHITE 30th Birthday Bash."
Vick and his brother, Marcus, booked the party at Guadalajara restaurant, Fabijan told ESPN. Michael and Marcus' cut was the admission price at the door ($30 general admission, $50 for VIP access). The brothers had to reimburse Guadalajara for providing the venue, the serving staff and cleanup. Fabijan would not say how much money was made that night.
Michael Vick arrived at 1 a.m. and his birthday cake was served between 1:30 a.m. and 1:45 a.m., Fabijan told ESPN. Vick left shortly after 2 a.m. Marcus stayed inside the restaurant to settle up the tab.
Fabijan told ESPN the restaurant's security camera footage shows Vick's vehicle leaving the parking lot. The shooting is not on video, Fabijan said, because it did not take place on the premises or in the parking lot. The video shows staff members taking a break suddenly duck after hearing a gunshot, Fabijan said.
Fabijan would not say if there was any type of altercation in the club before the shooting.
"We have talked to all of our staff and reviewed all the video camera footage and there was no fight or anyone asked to leave by Guadalajara staff or security," he told ESPN.
Vick, who is from nearby Newport News, was in the area conducting a football camp at Hampton University.
Fabijan told the Daily Press that Vick has been a regular customer at the restaurant.
"He's come in unannounced," Fabijan told the newspaper. "We've had absolutely no problems whatsoever with him or his entourage before."
Former NFL head coach Tony Dungy, who agreed to mentor the quarterback in his return, has been in touch with Vick since the incident.
Dungy said in an e-mail that "the only thing he is guilty of is using bad judgment and attending and publicizing parties open to the public and utilizing his name to get people there. Hopefully he learns from this."
Information from The Associated Press was used in this report.