Base-Brawl Pitcher Castillo Out Of Jail On Appeal

((HT: Dayton Daily News/Grieco))

Julio Castillo, the former Peoria Chiefs pitcher convicted of felonious assault for beaning a fan at Fifth Third Field last summer, was sentenced to 30 days in the Montgomery County Jail and placed on three years of probation on Thursday, Aug. 6.

However, Montgomery County Common Pleas Judge Connie Price issued a temporary stay of the sentence later Thursday, pending appeals, defense attorney Dennis Lieberman said.

Earlier, at the sentencing, Castillo apologized for his actions.

“I’m sorry,” Castillo told Price, speaking through an interpreter. “I didn’t want to do that.”

Castillo, 22, who is from the Dominican Republic, appeared before Montgomery County Common Pleas Judge Connie S. Price, who presided over his trial from July 21 to 23.

Since Castillo waived his right to a jury trial, Price rendered the verdict on Tuesday, Aug. 4. Castillo was charged under two statutory definitions of felonious assault. Price convicted Castillo of the count that requires proving that he did “serious physical harm.” She found him not guilty of the charge that he used a “deadly weapon.”

Both charges are second-degree felonies, punishable by up to eight years in prison, though the charges could have merged for sentencing purposes had he been convicted of both.

Lieberman told Price during the sentencing hearing that the felony conviction could make it hard for Castillo to keep his work visa, and that a deportation could end his career. Castillo has been suspended from baseball for more than a year, and has already paid a terrible price, Lieberman said.

“In America, we are known for giving people a second chance,” Lieberman said. “I truly believe that Mr. Castillo is sorry and never intended to hit the spectator.”

Price said that “the court does believe that he is remorseful.”

In addition to three years probation, Price ordered Castillo to take anger management classes and to write a letter of apology.

Christopher McCarthy, 45, the Middletown man who was struck by the ball, was not in court. Price said that she had reviewed McCarthy’s victim impact statement earlier.

Assistant county prosecutor Tracey Ballard Tangeman, who prosecuted the case with assistant county prosecutor Jon Marshall, said they were satisfied with the sentence.

“We were pleased about the period of incarceration,” Tangeman said. “We felt that that was important to hold him accountable.”

After the sentencing, Lieberman said he would look at issues for a possible appeal, but was happy Price did not send Castillo to prison.

“We believe that would be inappropriate for the circumstances,” Lieberman said.

Castillo will be given credit for the night he spent in jail after the July 24, 2008 game.

Castillo was on the mound at Fifth Third Field when a brawl started on the field. Castillo ran off the mound, then hurled a baseball toward the Dayton Dragons’ dugout. The ball went high and struck McCarthy, giving him a concussion.

Prosecutors contended that Castillo threw the ball at an unidentified Dragon with the intent to hurt him.

Lieberman told Price during the trial that Castillo aimed at netting in front of the dugout, to warn the Dragons to stay back as the two teams’ managers were pushing each other. Castillo did that because he does not speak English and had no other way to communicate, Lieberman said. Because he had no intent to harm anyone, he could not be found guilty of felonious assault, Lieberman told Price last week.

Castillo remains under contract with the Chicago Cubs, who are paying his legal bills, but has not played since the incident at Fifth Third.

Here's coverage of the release, thanks to our friends at WDTN-TV in Dayton
Libby Kirsch gets to stand in front of a green screen


Castillo has been released from jail pending appeal of his conviction.
His attorney asked the judge to allow his release while he appeals.Jail records show Castillo was freed Friday afternoon.