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Castillo trial: Pitcher gets 30 days in jail; sentenced stayed
DAYTON — 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.
- 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 Louie
August 6, 2009 2:51 PM | Link to this
He threw the ball to warn players!? In the first place, he’s a pitcher. How does a pitcher miss his target by a country mile? I was sitting in the front row, a few feet away from Castillo during the incident. Believe me, he meant to hurt someone. He was extremely violent and out of control. Several players had to restrain him from climbing on top of the 1st base dugout in an effort to go after the fans. I’m just not buying his comment about not wanting to hurt anyone. He’s just lucky he didn’t kill someone. A baseball is just as deadly as a baseball bat in the wrong hands.By Jim Bernhold
August 6, 2009 3:13 PM | Link to this
It’s a sad commentary on minor league,AND major league baseball!!! Granted the conviction is proper but jail time? What about the aiders and abetters, the two managers who really instigated the whole incident (I was there) The parent club of this player’s team who had him for 5 years and NEVER apparently helped to teach him english - no penalty there, eh? Slavery in baseball apparently still exists!!By Justice has been served
August 6, 2009 3:14 PM | Link to this
Since Castillo admits he can’t read or write either Spanish or English, having him write a letter of apology to the victim will be fun to watch.By It's just about the conviction..
August 6, 2009 3:29 PM | Link to this
Dayton’s prosecutors are all about the conviction regardless what the facts are. This high profile case put pressure on the judge from the prosecutor’s office to convict under a felony no matter what. Leiberman did the best he could do under the situation he was given. Unfortunately I had to deal with the Prosecutor’s office on bogus charges..They tried to get me to take a deal 4 times and I told them to look at the witness statements and they would see that there was no chance of me being guilty…They didn’t even look at the witness statements until it went in front of the Grand Jury…After the GJ listened to the testimony statements from the witnesses and the person that filed the erroneous charges they dropped it all…It took 6 months, the loss of a six figure income, $10,000.00 in fees and not even an apology. I asked to have the person that filed the false police report to be charged and they wouldn’t even talk to me. In fact they called my attorney to tell him to relay to me to not bother them or else I would get in trouble…Yep it was a false DV charge….That’s what you get when all the asst prosecutors in the DV department are women…By disbar mat heck and all judges
August 6, 2009 3:33 PM | Link to this
The following will give you the law on the sentencing of Julio Castillo http://codes.ohio.gov/orc/2929.14 ORC 2929.14 Definite prison terms. (A)IF the court imposing a sentence upon an offender for a felony “ELECTS” or is required to impose a prison term on the offender pursuant to this chapter, the court SHALL IMPOSE a definite prison term that SHALL BE one of the following: (2) For a felony of the second degree, the prison term shall be two, three, four, five, six, seven, or eight years. (B), IF the court imposing a sentence upon an offender for a felony “ELECTS” or is required to impose a prison term on the offender, the court SHALL IMPOSE the “SHORTEST” prison term authorized for the offense pursuant to division (A) of this section, What the legislature had in mind was that if judge price gives Julio Castillo any jail time at all she is required by law to give him the shortest term which is two years. Price is not required to give him any time. She is allowed by law to give him community control which is her normal MO. She clearly violated ORC 2929.14 by “ELECTING” to give Castillo a prison term for a second degree felony. By not giving the minimum required by law she should be disbarred. As I have stated repeatedly through court records, felonious assault, a 2nd degree felony is not a punishable crime in this county. Not only does mat heck and judge price refuse to protect the public with their constant dismissals of valid charges against the piece and dignity of the great State of Ohio, they blatantly violate the law while doing it. Vote them out next time.By DLB
August 6, 2009 3:33 PM | Link to this
I was not at this particular game, but have been following this story since the brawl. It was apparent that Castillo was pissed off with intention to hurt! Heck, a baseball (from a pitcher) can really hurt or kill another if it by it! This man should never play baseball ever again…screw the visa! Actions speak louder than words!By Ronnie
August 6, 2009 3:39 PM | Link to this
Louie, you are full of it! I was there to and have watched replays of the incident over and over on the DOZENS of video’s available on YouTube. He NEVER even left the pitcher’s mound! How could he have tried to climb over the dugout, especially when he was BOMBARDED by several angry Dragon’s players! Leave the speculation to people that actually REMEMBER this whole incident. 30 days for throwing a baseball?? DUI drivers get less than this! Enough said. Pressure by the media! What a shame Judge Price!!By matt
August 6, 2009 3:45 PM | Link to this
wow, i’m glad not only did my tax dollars go to trying this bogus case, but now they also go to housing this guy in jail for 30 days… what a joke!!! can i get my money back?By Louie the Liar
August 6, 2009 3:47 PM | Link to this
To LOUIE: You were called out on your lie what is your response? Inflammatory comments from a bigot no doubt. If he is not deported he should be required to learn English. I know how about sentencing him to play for the whack Dayton Dragons Team!By I'm sorry to the injured fan....
August 6, 2009 3:54 PM | Link to this
I’m sorry to what happend to the fan but 30 days is to much.You don’t get 30 days until a 3rd d.u.i.By phil
August 6, 2009 3:57 PM | Link to this
ronnie…. i was at the game. he tried to get at a fan on his way out by the FIRST base dugout, as the previous poster said. The fight occured on the THIRD base dugout side. He was also well away from the mound when he threw the ball. Please pay attention to the facts.By Rusty
August 6, 2009 4:00 PM | Link to this
The pitcher did try to climb into the stands on 1st base side after he was hit with a large cup of soda that a Dragons fan threw at him. He was restrained after that and taken into the dugout as the rest of the players continued to fight.By paul
August 6, 2009 4:03 PM | Link to this
RONNIE… he went after a fan on the FIRST base dugout side, after the fight. Someone threw something at him. The fight occured on the THIRD base dugout side, and he was WELL away from the mound when he threw the ball. I was actually there. The previous poster was correct.By louie
August 6, 2009 4:04 PM | Link to this
Ronnie, Check your videos again. Since when does the pitcher’s mound have a net right beside it? And what about the white lines on the ground? Besides, the videos only show a small portion of the events that took place after Castillo beamed two of our players. I was with 3 other people who remember the incident exactly the way I do. Maybe your the one with a really bad memory.By Jake
August 6, 2009 4:21 PM | Link to this
Wasn’t at the game but on the tv videos he wasn’t near the mound when he ran up and hurled the ball. He may now be sorry he hit that particular fan, but from all accounts the guy wasn’t intent on starting a GoodWill game of catch. He’s supposed to be a pro. Thirty days isn’t enough.By Jeff
August 6, 2009 4:25 PM | Link to this
This goes to show sports figures can get away with anything. Bean a guy get thirty days, drive drunk kill someone get 30 days or kill your ex-wife and walk away.By mike
August 6, 2009 4:30 PM | Link to this
It’s just about the conviction’s comments hit the target. Our court systems are little more than political platforms for judges and prosecuters. I was in a similar situation where the prosecuter knew the charges were bogus and offered several deals. Like you said, your lose everything and never get so much as an apology. Forget about exporting democracy. Let’s fix what we have first.By localguy
August 6, 2009 4:35 PM | Link to this
If a baseball is a deadly weapon and fans are in peril, Fifth-Third Field should be closed in the interest of public safety.By liaskasr
August 6, 2009 4:41 PM | Link to this
So, if I get this right Judge Price, in her legal wisdom, sentenced this baseball player to the same 30 days that Stallworth received for killing a pedestian while drunk and under the influence? There is something terribly wrong with this “picture.”By poppawu
August 6, 2009 4:42 PM | Link to this
It’s just about the conviction is dead on. I went through a similar situation. In the end it’s all about a plea agreement and $$$. Mostly $$$. Sad. To all in Montgomery County watch yourself. It was all funny to me until the shoe was on my foot.By tom
August 6, 2009 5:03 PM | Link to this
castillo had a history of temper flares before this game. No cubs have no intend on keeping him here. The week before the same thing started to happen and the Manger Ryan stopped it, shame he was not here that night. deport him and take away his visa. Only reason Dennis wants the appeal is because he knows he will at least get paid for this case and help him with his back taxes.By Charles
August 6, 2009 5:07 PM | Link to this
They got this EXACTLY right.By Send him packing!
August 6, 2009 5:21 PM | Link to this
Ronnie: “Louie, you are full of it! I was there to and have watched replays of the incident over and over on the DOZENS of video’s available on YouTube. He NEVER even left the pitcher’s mound! How could he have tried to climb over the dugout, especially when he was BOMBARDED by several angry Dragon’s players! Leave the speculation to people that actually REMEMBER this whole incident. 30 days for throwing a baseball?? DUI drivers get less than this! Enough said. Pressure by the media! What a shame Judge Price!!” I’m not sure which game you attended, but it sure wasn’t the game in which this incident occurred. I was there. 3rd base-side..upper deck. Castillo not only left the mound, he BOUNDED from it and threw the ball from the 3rd base fouline! And yes he did indeed need to be restrained by fellow teammates as he started to pursue another fan. Stay away from crack Ronnie..it’s affecting your memory. And I’m sure that if anyone with any intelligence would have taken notice, they would have taken a blood sample from Castillo because he acted (prior to the fight) like he was tweaking pretty hard through the whole game up to the incident. I guess his “inability to read or write” (which is BS) prevented him from knowing which drugs he was taking. Everything to him is just “X”.By Simple Truth
August 6, 2009 5:24 PM | Link to this
I was at the game. This Castillo had bloody red rage in his eyes. He wanted to cause harm, to anyone. Even a child. But, money buys justice.By Martha
August 6, 2009 5:36 PM | Link to this
I was at the game. He was angry. He threw the ball. They were all angry and violent on all sides. Let him apologize personally to the injured party, do some community service, and miss playing for a while. But 30 days - are we a third world country?By Let's all calm down
August 6, 2009 5:54 PM | Link to this
I suggest we have the Dayton Dragons sponsor a “Bean A Cracker” night. All the white people in the crowd are targets. Team brawls are not necessary. Pick out individual white hatemongers in the crowd…and nail em’!!!! This will teach the “crackers” to “stay in their place”, like it was when they dominated us. Reparations with a 95 M.P.H. baseball…that’s the ticket!!!!By Joseph
August 6, 2009 6:06 PM | Link to this
So the guy is sentenced and then stayed so he can appeal? seriously? that is so so lameBy John
August 6, 2009 6:11 PM | Link to this
Is anyone surprised at this sentence? Hardened criminals dont get jail time in this liberal joke of a county. If they do, they get slapped on the wrist.By Brian
August 6, 2009 6:50 PM | Link to this
Dear “Disbar Mat Heck and all Judges”: You are wrong. Judge Price did not violate any law. Castillo was sentenced to community control sanctions. One of the sanctions of his community control was 30 days of local incarceration. That is different than a prison term under the law and she elected not to give him a person term. If you had a license to practice law, I’d have you disbarred. Of course, based on your posts, you never would have passed the bar exam in the first place.By Judicial system ????
August 6, 2009 7:46 PM | Link to this
This waS all staged before the sentence was even read to the court. I am sure that Leiberman knew the sentencing before having to be in court today and he went to bat for his client(no pun intended) and he pre-negotiated the stay. Everyone wins..The prosecutor gets their conviction with a jail term and probation, the judge covered all of her “politicaly correct” bases(again no pun intended) and Leiberman did what most attorneys wouldn’t do and went the extra mile for his client. It’s a win-win for everyone..Castillo won’t do time..By disbar mat heck and all judges
August 6, 2009 7:55 PM | Link to this
Brian First of all you cannot have someone disbarred for telling the truth! Telling the truth is not an excepted practice in Montgomery County courts but it is still not against the law. All I did was copy and paste the ORC 2929.14 Definite prison terms. It says what it says. Copy and paste something from the ORC that overrides ORC 2929.14 Definite prison terms. You just saying I am wrong does not make it true. I use copy and paste from court records, case law and the ORC. I do not make up anything. This stuff writes itself. Prove me wrong with facts not opinion. If you can prove that mat heck and these judges have found a legal way around sentencing a person that has been found guilty of felonious assault with physical harm to prison then I will admit I was wrong. But then you have just proven me right that mat heck is dedicated to keeping felons out of jail. judge price, alone, found this guy guilty of a second degree felony. She didn’t have to do it but she did. Reasonable people believe that second degree felonies are committed by bad people that deserve prison time. This is probably why we have a law like ORC 2929.14 Definite prison terms. Mat heck IS responsible for Montgomery County being a very dangerous place to live. What are you going to do? Choose wisely!By O.R.C.
August 6, 2009 8:00 PM | Link to this
Definite prison terms refer to the LENGTH of the sentence, they do not state whether a prison sentence is MANDATORY. A first time felony offender convicted of a felonious assault is ELIGIBLE for probation. The judge has complete DISCRETION to sentence in that scenario to probation OR a DEFINITE prison term.By paul
August 6, 2009 8:11 PM | Link to this
Donte Stallworth get’s 28 days for drunk driving, smoking weed, and KILLING A PERSON. This guy, get’s 30 day’s for throwing a ball? What a mess. Better have money in order to buy your way out of troubleBy erik
August 6, 2009 9:46 PM | Link to this
2 second degree felonies and he walks. if that was any of us or if the media wasnt involved he would have gottn three years. he was out of control, and should do time and be banned!!!!!By Bill in Centerville
August 6, 2009 11:40 PM | Link to this
He should have gotten 3 years.By T
August 7, 2009 12:01 AM | Link to this
First of all lets look at how each athelete is trained in sports. You’re taught to defend your teammates in a brawl no matter what, hence the dugouts cleared. Secondly, if YOU sit in the front row at a baseball game you must pay attention at all times, even the Majors have loose pitchers now and then and sometimes bats fly also. Hence the phrase,”Heads UP!!”. Lastly, the pitcher never had any mailce towards this fan, if he did the guy would be dead and not a bump with a headache for 24 to 48 hrs. This was time consuming, none threating waste of valuable resources from the police to the prosecutors office. Maybe this time should have been spent trying to find the killer of an 85 year old war hero, GOD knows he earned his rights. With all of the issues facing the city of Dayton WE have focused on this for a WHOLE YEAR. No wonder Forbes listed Dayton, Ohio as a dying city, this is the best we can do!! Here’s a thought…If you go to a Dayton Dragons baseball game and sit in the front rows keep your head on a swivel and yell…”Heads Up Forest Gump”. Stupid is as stupid does.By Guess what?
August 7, 2009 2:54 AM | Link to this
Guess what? Two things this doesnt report. 1) This man speaks english, I’ve seen him. 2) He is now going to get deported back to his home country. Immigration is going to make him. So, I think justice is actually being served here.By TC
August 7, 2009 5:40 AM | Link to this
Judge Price is obviously taken in by the “bad boy” image of Castillo and thus the light sentence. This is deep-rooted behavior that won’t be solved by anger management classes. Mr. Castillo will be in the news again in the future.By Patrick Swan
August 7, 2009 7:25 AM | Link to this
Sorry Ronnie, but you are mistaken. I was at the game. Front row of the upper deck right above the incident. He was standing right by the baseline when he crow-hopped and gunned it toward the dugout. Even worse, after he was corralled, he went back in the dugout and GRABBED A BAT. He didn’t hit anyone with it, but was out near the middle of the field before teammates and coaches stopped him.By Joe
August 7, 2009 8:02 AM | Link to this
“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.” Oh. That means he intended to hit a player, but missed (and he’s a pitcher??). That’s ok, I guess. I certainly hope Chicago enjoys paying his legal bills. Maybe they can come up with some bucks to send him to an English course before he is deported!By samantha
August 7, 2009 8:35 AM | Link to this
Judge Connie S. Price how in the hell can you say castillo didnt use a deadly weapon? he threw that ball with everything he had. Pitchers can throw a ball between 90-100 mph! (deadly weapon)in my book. Judge Connie S. Price your are a joke 30 days and 3 years probation. Maybe you should give up the bench if you cant do your job right. One more thing. This is for CASTILLO Welcome to America now speak English or get the hell out.By flipper
August 7, 2009 9:04 AM | Link to this
He’s just no good. Judge Price will lament her decision when she later hears that he really hurt a player or spectator badly.By D
August 7, 2009 9:56 AM | Link to this
Let’s know forget about the Dragons involvement in this. If I recall correctly, they beaned two Peoria players in the top of the inning. This in turn led to the beaning of two Dragons in the bottom of the inning and things spiraling out of control and not to mention the managers of both teams setting a stellar example by nearly coming to fisticuffs.By My2cents...
August 7, 2009 11:23 AM | Link to this
This punk needs to serve his time!! I find it amazing that some of you think he shouldn’t have gotten this and should not have to serve… A pitcher can throw a ball 90m.p.h., he did just that and he hit a fan!! Are you kidding me???? All these stars that get off with nothing is a crock of sht. Just because they have $$ and a name, they should be treated as the pieces of crap they are!!! Let him serve and then deport his as back to where he came from!!!!By Louie
August 7, 2009 11:26 AM | Link to this
To Louie the Liar: You accused me of being a liar and a bigot. I am neither. Get your facts straight before you label someone. There was nothing about race in my comments, and the postings by several others who attended the game agreed with my recollection of the events. Let me ask you something: Imagine you’re walking down the street and some angry, out-of-control man hits you in the head with a rock, sending you to the hospital with a bad head wound. Would you think that a 30-day jail sentence (which Castillo’s not serving, by the way) would be too severe? I sure don’t.By Louie the Liar
August 7, 2009 11:50 AM | Link to this
Seems that everyone has different variations of what happened that day. If I were a spectator at a sport that clearly posts warnings about the possibility of being hit by a ball or a bat or whatever I would just have to take the consequences. Where are the charges against the “fans” that were throwing things?By deport
August 7, 2009 1:29 PM | Link to this
this country is so azz backwards. this makes me ill. deport his azz back to where he came from. on a onother note….if you can’t speak english or willilng to learn, you shouldnt be aloud to be here.By deport
August 7, 2009 1:31 PM | Link to this
WILLINGBy Louie
August 7, 2009 1:39 PM | Link to this
O come on, Louie the Liar. You think posting a warning about flying bats gives a player the right to deliberately whack someone in the stands with a baseball bat, and that the victim should just accept it as a part of the game? Seriously??!! As for the fellow that threw the drink, yes, his bevahior was bad, but I doubt that anyone was ever severly injured by a flying paper cup. Read the posts again. The only person that has a different version of this mess is Ronnie, who nobody agrees with except you, and you weren’t even there, were you?By Concerned
August 7, 2009 5:51 PM | Link to this
After reading all the comments on this issue I have concluded that very few people in our wonderful country have the ability to properly judge in a court of law or have the heart to forgive a young man for his mistakes. Castillo was lucky that it was a Judge, as inept as she was, that handled the case and not some of you as jurors. This is a 21 yr old man who’s only chance in life is to play baseball and even then there’s no guarantee that he would eventually make good money at it. It is long shot but it is his “only shot”. By hitting him with a felony charge they are basically destroying his life. In this case the punishment definitely does not fit the crime. Castillo has been through enough, let him be, give him the opportunity to continue forward, instead of destroying his life.By kindaCurious
August 7, 2009 6:47 PM | Link to this
ok..so Castillo can’t read or write ANY language? Man, I’m in the wrong business. I need to go back to law school and become an agent for Dominican baseball players! The Cubs buy a guy like this for a dollar and his agent is likely making 90%! The crime here is not only that he’s a paid professional whose actions caused bodily harm to a spectator..the REAL crime is that he Perjured himself in an American court and got away with it and his slick-as-whale sh!t lawyer is laughing his way to the bank with a check signed by the Cubs! I hope this turd and his toilet paper lawyer end up floating in a river somewhere.