It is all a case of mistaken identity.

That's what the attorney for Gavin Stansbury said after the 6-foot 4-inch, 255-pound defensive end for Texas A&M appeared in a Houston court Thursday on an assault charge.

"We're 100 percent sure that he will be acquitted or the charges will be dismissed," said lawyer Allena Wright. "Gavin was not in the area of Rice at all."

Stansbury, 21, is accused of appearing on the fourth floor of a Rice University dorm about 2:30 a.m. March 16. Police said he argued with a student, and later poured a beer over his head and punched him in the face.

The two men were separated by other witnesses. The wound above the student's eye took eight stitches to close, according to court records.

"In our opinion, this is a horrible case of mistaken identity," Wright said as Stansbury left court. "He's innocent."

Rice police, however, said three witnesses, all Rice students, later identified Stansbury out of a photo lineup.

Stansbury later told police he has not been on the Rice campus in years, but he was in Houston that day working as a paid intern at the Houston Livestock Show & Rodeo.

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Stansbury said he and his girlfriend went to League City the night of the assault, and went to bed about 1 a.m.

Rodeo officials confirmed that Stansbury was listed as staying at the Hilton Hotel Plaza, about a block from Rice, at the time of the alleged assault.

One of the witnesses said she first met Stansbury while walking back to student housing from an on-campus party late at night. She said he identified himself as an A&M football player who intended to transfer to Rice in the coming semester.

It was after that when he got into an argument with the student he is accused of punching.

Stansbury, who is from Franklin, La., was voted best defensive player by his teammates last year.

Gavin appeared in Harris County Court at Law No. 2, but did not appear before the judge. His case was re-scheduled.

Chronicle reporter Brent Zwerneman contributed to this report.