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Monday, August 3, 2009
Castillo verdict to be announced Tuesday
DAYTON — A Montgomery County Common Pleas Judge will render her verdict Tuesday, Aug. 4, on Julio Castillo, the former Peoria Chiefs pitcher who hurled a baseball into the stands at Fifth Third Field, injuring a fan.
Castillo, 22, who is from the Dominican Republic, will appear before Judge Connie S. Price, who presided over his trial from July 21 to 23. Since Castillo waived his right to a jury trial, Price will decide whether prosecutors have proven their case beyond a reasonable doubt
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 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 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
