Pitcher Convicted In Dayton Base-Brawl Case

((HT: Dayton Daily News/Grieco))

Julio Castillo, the former Peoria Chiefs pitcher who beaned a fan at Fifth Third Field last summer((pictured, thanks Dave Munch/Dayton Daily News)), was convicted of one count of felonious assault Tuesday, Aug. 4.

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.

Castillo was charged under two statutory definitions of felonious assault. One requires proving that he did “serious physical harm,” which Price convicted him of. 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 should he be convicted of both.

Price set his sentencing for Aug. 6.

Defense attorney Dennis Lieberman declined to comment as he left the courtroom with Castillo.

Assistant county prosecutors Tracey Ballard Tangeman and Jon Marshall said they were disappointed by the split verdict, but happy that Castillo was convicted of one of the two felony counts.

“This paves the way for a sense of accountability,” Tangeman said.

They declined to comment on the prosecution’s position on sentencing. Tangeman said Castillo could be eligible for probation.

Castillo was on the mound at Fifth Third Field on July 24, 2008, 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 spectator Christopher McCarthy, 25, of Middletown, giving McCarthy a concussion.

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

Here's Holly Samuels report from the courtroom, thanks to our friends at WDTN-TV

Defense attorney Dennis 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 the brawl that got Castillo the conviction...the audio, and some of the video is NFSW...