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Lawsuit: 'Fox & Friends' Co-Host Threw Axe That Injured West Point Drummer

West Point Hellcats Photo Credit: Provided
Master Sgt. Jeff Prosperie Photo Credit: Provided
West Point Hellcats Photo Credit: Provided

A local law firm, Sobo & Sobo, has filed a lawsuit naming a "Fox & Friends" co-host and the Fox Network for a bizarre event captured on video.

The lawsuit says the co-host hit a West Point band’s drummer in the arm with an axe during a 2015 videotaping.

Sobo & Sobo claims that Master Sgt. Jeff Prosperie, a member of the Hellcats, a West Point field music group, was struck by an axe, reportedly thrown by Pete Hegseth, a Fox & Friends co-host, who apparently missed a target.

The lawsuit says Prosperie was injured when the Hellcats were taping commercial bumps to help the network commemorate the Army’s 240th birthday and Flag Day. The lawsuit says the axe sailed over the intended target and hit the unsuspecting Prosperie in the arm.

A "Fox & Friends" producer also is named in the lawsuit, which was filed in state Supreme Court on Tuesday, June 12.The network did not issue an immediate comment.

In a statement to Daily Voice, Fox News called the incident "unfortunate and completely unintentional."

"FOX News immediately apologized to Prosperie and offered medical assistance, which he declined saying he was ‘okay.'

"The network also offered compensation, which he declined as well. We have not heard from Prosperie since 2015, so the lawsuit is surprising and we are reviewing it.”

The Hellcats' heritage can be traced to the American Revolution when George Washington, then General Washington established the garrison of West Point and appointed a drummer and fifer for signaling in camp. Today, the Hellcats are made up of only the most technically-proficient musicians who are selected after going through a rigorous audition process. 

A World Snare Drum Champion, and the only individual to capture the “triple crown” of solo competition, Prosperie serves as the section leader and principal drummer for the Hellcats.

A now viral video was posted on social media capturing the incident from two different angles.

Greg Sobo, managing attorney for the Law Firm of Sobo & Sobo, said he wants people to heed a message that his firm has stood by for more than 50 years: Before you act, stop and consider safety first. 

“So many tragic accidents can be prevented when we take only a few moments to consider our actions,” Sobo said in a news release. “In this case, a good man’s life will be forever changed because of a failure to stop and take a moment to consider safety. We are proud to stand with the injured.”

Sobo & Sobo has offices in Middletown, Newburgh, Pine Bush, Warwick and Poughkeepsie as well as New York City.

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