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.

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...

Day 3: Dayton Base-Brawl Trial; Castillo Takes Stand

((HT: Dayton Daily News/Lou Grieco))

Montgomery County Common Pleas Judge Connie S. Price told attorneys at the Julio Castillo ((pictured, thanks Dayton Daily News/Ron Alvey)) trial that she will take matter under advisement and will issue her verdict in a written decision at a later date.

Castillo’s trial for two counts of felonious assault started Tuesday, but ended with closing arguments Thursday, July 23. Since Castillo waived his right to a jury trial, Price will decide whether prosecutors have proven their case beyond a reasonable doubt.

Castillo, a former pitcher with the Peoria Chiefs, is on trial this week for two counts of felonious assault. The charges are second-degree felonies, punishable by up to eight years in prison, though the charges could merge for sentencing purposes should he be convicted of both.

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 (sic), of Middletown, giving McCarthy a concussion.

Prosecutors contend that Castillo threw the ball at an unidentified Dragon with the intent to hurt him. Defense attorney Dennis Lieberman said 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.

Castillo is charged under two statutory definitions of felonious assault. One requires proving that he did “serious physical harm,” the other that he used a “deadly weapon.”

Assistant county prosecutor Jon Marshall held up the baseball that hit McCarthy, then tapped in on the podium in front of him as he started his closing argument.

“This is the weapon that struck Christopher McCarthy in the head,” Marshall said. “This is the weapon that the defendant, Mr. Julio Castillo, used that evening to inflict as much damage as possible.”

Marshall said that McCarthy clearly suffered serious physical harm, since the ball caused a concussion, pulled out some of his hair, left stitching marks on his scalp and caused swelling that left him unable to wear a hard hat more than a week later.

Marshall also said that the baseball would qualify as a deadly weapon, though it normally is not used that way. He cited prior cases in which rocks, pool cues, baseball bats and bricks were all found to be deadly weapons.

He also said that though Castillo did not intend to strike McCarthy, Castillo should be prosecuted for felonious assault under the doctrine of transferred intent, because “his intended targets were emerging from that dugout.”

Lieberman took issue with those arguments, noting that none of the cases Marshall cited involved a baseball as a deadly weapon.

He also said transferred intent would not qualify because none of the Dragons were in the line of the ball when Castillo threw it. He noted that none of the Dragons players were called to testify.

“He was throwing at an empty dugout,” Lieberman said, tossing the ball into the jury box. “Like an empty jury box. There has to be somebody that he’s throwing the ball at. You can’t just say the Dayton Dragons were in the vicinity.”

Lieberman described Castillo as a “kid in a man’s body,” illiterate in Spanish, the only language he speaks, who grew up in desperate poverty in the Dominican Republic. Castillo, nervous and scared, reacted poorly when he threw the ball, but did not commit felonious assault, Lieberman said.

“It was not a good decision to do,” Lieberman said. “He reacted the best he can with his abilities.”

Assistant county prosecutor Tracey Ballard Tangeman told Price that Lieberman was raising “non-issues” to distract Price from the facts and the law.

She compared Castillo’s throw to someone firing a gun into the crowd. Under Lieberman’s interpretation of the doctrine of transferred intent, the gunman could not be prosecuted unless investigators knew who he intended to hit.

Castillo “doesn’t get a pass because we can’t put a name and number on the jersey of the intended target,” Tangeman said.

As for Lieberman’s point that none of the cases cited involved a baseball, Tangeman replied that Castillo “doesn’t get reward because this is the first case of its kind.”

Here's McCarthy's testimony from our friends at WKEF-ABC22 in Dayton...

Former Peoria Chiefs pitcher Julio Castillo testified Thursday, July 23, that he was trying to get Dayton Dragons players to retreat into their dugout when he hurled a baseball that hit a spectator.

“I threw the ball in front of the dugout, because I was nervous and I was frightened,” Castillo said, speaking through an interpreter. “I didn’t throw it to hit anyone.”

Castillo, 22, who is from the Dominican Republic, only speaks Spanish. He cannot read or write any language. When his defense attorney asked him to spell his last name, a standard question at the start of testimony, Castillo responded “I can’t spell it.”

Castillo, a former pitcher with the Peoria Chiefs, is on trial this week for two counts of felonious assault. The charges are second-degree felonies, punishable by up to eight years in prison, though the charges could merge for sentencing purposes should he be convicted of both.

Prosecutors claim Castillo was acting with anger when he threw the ball that hit Christopher McCarthy, 45, of Middletown. McCarthy suffered a concussion. Castillo’s intent was to hurt a member of the Dragons, prosecutors said.

But defense attorney Dennis Lieberman told Montgomery County Common Pleas Judge Connie S. Price on Tuesday that Castillo did not intend to hurt anyone. As Dragons players, reacting to a brawl on the field, began to run out from the dugout, Castillo threw the ball toward netting in front of the dugout to keep them from joining the fight.

Castillo threw to ball to communicate to the Dragons that they should stay back, since he could not communicate verbally, but the ball sailed over the dugout and hit the spectator, Lieberman told Price.

On Thursday, Castillo told Lieberman he was on the mound but getting nervous as the teams managers were arguing and starting to shove each other and it appeared a bench-clearing brawl was about to start. When he saw Dragons players leaving the dugout, he reacted, Castillo said.

During cross examination by assistant county prosecutor Tracey Ballard Tangeman, Castillo acknowledged that no Dragons player touched him until after he threw the ball, that no Dragons players were moving toward him in a photograph taken during the incident.

“It was something fast,” Castillo said.

Castillo also told Tangeman that no Peoria players hit any Dragons players before he hurled the ball. Asked if any Dragons players hit any Peoria players before he threw, Castillo answered “I didn’t see it.”

Day 2: Dayton Base-Brawl Trial; Ryno Testifies

((HT: Dayton Daily News/Lou Grieco))

Former Chicago Cubs second baseman Ryne Sandberg, a member of the baseball hall of fame, took the witness stand Wednesday, July 22, as the first defense witness for Julio Castillo.

Sandberg was the manager of the Peoria Chiefs when Castillo hurled a ball into the stands at Fifth Third Field on July 24, 2008. The ball struck Christopher McCarthy, 45, of Middletown, in the left temple, causing a concussion.

Sandberg told defense attorney Dennis Lieberman that video and photographs of Castillo from that incident shows him making a regular throw, as opposed to a pitch with a full windup.

“It wouldn’t be his top velocity,” Sandberg said.

Castillo regularly pitches between 93 and 96 mph, Sandberg said.

Castillo would not be throwing at his full velocity, which has been measured from the mound at more than 90 mph, Sandberg said.

Castillo is on trial for two counts of felonious assault. Sandberg was not at that game because he was attending a hall of fame event at Cooperstown. He is now the manager of the Tennessee Smokies, a AA team in Knoxville.

Earlier Wednesday afternoon, assistant Montgomery County prosecutors rested their case. The trial is before Common Pleas Judge Connie S. Price. Since Castillo has waived his right to a jury trial, Price will decide whether prosecutors have proven their case beyond a reasonable doubt.

Sandberg's testimony can be seen here, thanks to our friends at WKEF-ABC22 in Dayton...

A man who met Julio Castillo in the Montgomery County Jail testified Wednesday, July 22, that Castillo told him that he threw a baseball toward the Dayton Dragons’ dugout because he was angry.

Eduardo Priego also told assistant county prosecutor Tracey Ballard Tangeman that Castillo said he threw the ball “at the Dragons players,” but the ball instead hit a spectator.

Castillo, a former pitcher with the Peoria Chiefs, is on trial this week for two counts of felonious assault. The charges are second-degree felonies, punishable by up to eight years in prison, though the charges would merge for sentencing purposes should he be convicted of both.

Prosecutors claim Castillo was acting with anger when he threw the ball that hit Christopher McCarthy, 45, of Middletown. McCarthy suffered a concussion. Castillo’s intent was to hurt a member of the Dragons, prosecutors said.

But defense attorney Dennis Lieberman told Common Pleas Judge Connie S. Price on Tuesday that Castillo did not intend to hurt anyone. As Dragons players, reacting to a brawl on the field, began to run out from the dugout, Castillo threw the ball toward netting in front of the dugout to keep them from joining the fight.

The reason, Lieberman said, is that Castillo, who is from the Dominican Republic, only speaks Spanish. Castillo threw to ball to communicate to the Dragons that they should stay back, since he could not communicate verbally, but the ball sailed over the dugout and hit the spectator, Lieberman said.

Priego, who was born in Mexico and is fluent in Spanish and English, was a trusty — an inmate with special privileges — at the jail on July 25, 2008, one day after the incident at Fifth Third Field. He told Tangeman that he spoke with Castillo because Castillo had no one else to talk to, since he didn’t speak English.

Castillo told Priego he was angry “at the Dragons team,” when he threw the ball, Priego testified.

During cross examination by Lieberman, Priego said that he first met Castillo hours before that conversation, when he acted as an interpreter for him as a Dayton police detective read Castillo his rights.

Priego also told Lieberman that he had been facing deportation due to “moral turpitude” and that he did not alert anyone to his conversation with Castillo until months later.

On re-direct by Tangeman, Priego said that he didn’t tell anyone because “I thought everything had finished.”

When Tangeman asked him if Priego had requested Castillo’s autograph, Priego responded “I still have it.”

He also said he was concerned about Castillo going to prison.

“I don’t want to see him go to jail,” Priego told Tangeman