Aug 17, 2013; Houston, TX, USA; Houston Texans defensive end Antonio Smith (94) during the game against the Miami Dolphins at Reliant Stadium. Mandatory Credit: Kevin Jairaj-USA TODAY Sports

Houston Texans defensive end Antonio Smith was suspended for swinging a helmet, and thankfully missing, Miami Dolphins lineman Richie Incognito’s head. Smith almost immediately said he was going to appeal the suspension and know FOX Sports is reporting that his hearing will be Thursday.

Smith’s appeal will be ruled on by Sunday and either Matt Birk or Ted Cotrell will serve as arbitrator.

Texans DE Antonio Smith will have his hearing Thurs appealing suspension 4 swinging helmet at Richie Incognito, FOX Sports has learned

— Alex Marvez (@alexmarvez) August 22, 2013

NFL will rule on Antonio Smith’s appeal before Sunday’s Texans-Saints preseason game. Matt Birk or Ted Cotrell will serve as arbitrator

— Alex Marvez (@alexmarvez) August 22, 2013

Ironically, after Incognito was portrayed as the victim in this incident he had his own bout of bad news come out. Incognito allegedly knocked out a bouncer at a hotel in Miami. Incognito has claimed that it was an accident as he was attempting to break up a fight.

Smith and Incognito have a history. In a prior incident Incognito was trying to twist Smith’s ankle, intentionally, while Smith kicked him trying to free himself.