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Castillo verdict to be announced Aug. 4
DAYTON — Julio Castillo, the former Peoria Chiefs pitcher who hurled a baseball into the stands at Fifth Third Field, injuring a fan, will appear in Montgomery County Common Pleas Court on Aug. 4 to learn Judge Connie S. Price’s verdict.
Castillo’s trial for two counts of felonious assault started last week and 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
Price said Thursday that she would take the matter under advisement and issue a written decision. On Tuesday, July 28, she said she would instead deliver the verdict in open court.
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.” 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, 45, 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 told Price 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 cannot be found guilty of felonious assault, Lieberman told Price last week.
Castillo, 22, is from the Dominican Republic. He remains under contract with the Chicago Cubs, who are paying his legal bills, but has not played since the incident at Fifth Third.
- Photos: Ex-pitcher on trial for assault
- Photos: Brawl breaks out at Dayton Dragons game
- Video: Watch the brawl unfold
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Comments
By painfultruth
July 28, 2009 3:15 PM | Link to this
Deport this stupid illiterate jock. He can’t read or write in English or Spanish, and obviously can’t control his temper. Yerrrrr OUT!By flipper
July 28, 2009 3:57 PM | Link to this
I heard they were going to put him in front of a pitching machine and let him take some under 90mph fast balls to the old beaner.By brian
July 28, 2009 3:58 PM | Link to this
Throw the book at him and then throw him out of the country! The Cubs ought to be ashamed they are paying his legal bills. The should have to pay for his lock up and ticket back to the DR as well…..By Charles
July 28, 2009 4:00 PM | Link to this
what the hell does not being able to read and write have to do with ANYTHING! Many of the Dragons that you root for are the same way… Living in Latin America means the families can’t afford education. These guys make about $1,000/month and send more than half of that back to their families.. It’s a different world that you’re too ignorant to understand.By I was there
July 28, 2009 4:09 PM | Link to this
There was no way he was throwing at netting. The netting is behind home plate, not the dugout. The incident continued as he tried to run into the stands with a bat. He own teammates were holding him back. Being there and watching this occur, he was definitely intending on hurting someone. This wasn’t a case of ‘stand back’. He was the one who had to be held back. Sheesh! that is even on the video!By Charles
July 28, 2009 6:01 PM | Link to this
I was there… you’re missing the point… the defense is claiming that he meant to throw the ball at the netting infront of the dugout that is below the railing to the entrance of the dugout… not the netting that protects the fans behind home plate.