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Home > Blogs > Dayton Courts: Legal and crime news > Archives > 2009 > August > 04 > Entry
Pitcher guilty of felonious assault
DAYTON — Julio Castillo, the former Peoria Chiefs pitcher who beaned a fan at Fifth Third Field last summer, 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, 45, of Middletown, giving McCarthy a concussion.
Prosecutors contended 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 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 William
August 4, 2009 2:14 PM | Link to this
Next stop, DEPORTATION!!!By d
August 4, 2009 2:20 PM | Link to this
“no” is pretty universal. That’s all he would have to say to attempt to ward off Dragons players.By Ang
August 4, 2009 2:25 PM | Link to this
A year in prison then send him back to his own country, we gave him a chance and he blew it, he cant even read or write, he can throw balls, balls that could of killed a child if it was a child struck.By Michelle
August 4, 2009 2:32 PM | Link to this
I think Judge Price made a fair and just decision. I am anxious to see what his punishment will be. I think he did it in an act of rage.By John
August 4, 2009 2:33 PM | Link to this
I’m surprised Mat Hack even approved charges on him, let alone he being found guilty. But then again, this was a high profile case which gave Hack an opportunity for tv time. What Castillo did was blatantly throw a ball as hard as he could at someone. Because of his lousy pitching, he hit someone who was innocent causing serious, potentially deadly injuries. You think he’ll actually serve years in jail, or even jail time at all in this liberal county you have another thing coming. He’ll receive a slap on the wrist like every other criminal that goes through this joke of a criminal justice system that has been established in Montgomery County.By Clem
August 4, 2009 2:35 PM | Link to this
Okay, lock up Julio for 8 years and then deport him and Dennis Lieberman! I’ll pay for Lieberman’s airplane ticket!!By Truth Hurts
August 4, 2009 2:41 PM | Link to this
To James: Guns don’t kill people,people kill people.Gun control isn’t going to stop a criminal from getting a gun.Take away guns they’ll use knifes and ball bats.”THINK”By Jeff Hodapp
August 4, 2009 2:48 PM | Link to this
Oh heavens, just sue the crap out of him and let justice run that way. Money is usually much better punishment than jail time anyway.By Matt
August 4, 2009 2:48 PM | Link to this
next thing you know they will convict a player for hitting a foul ball into the stands and injuring someone… what a joke!!!By Doc
August 4, 2009 2:52 PM | Link to this
For Matt- Where have you been? Have you not been following this story? What this knucklehead did is far from hitting a foul ball into the stands. He was purposeful and his actions were premeditated. Hello?By Joker
August 4, 2009 2:52 PM | Link to this
A baseball thrown at least 80-85mph towards someone isn’t a deadly weapon?! WowBy Z
August 4, 2009 2:54 PM | Link to this
The “Guns dont kill people, people kill people” is a stupid quote. Guns do kill people.. The 3 year old boy from Vandalia was killed by a gun. Do you think as many people would die in a drive by shooting if they threw baseball bats instead? Come one seriously.. Guns are a huge problem in our society. “THINK”By Diamond
August 4, 2009 2:56 PM | Link to this
The article isnt about gun control people! On a side note…glad he was found guilty on at least one of the charges.By notagoodolboy
August 4, 2009 3:06 PM | Link to this
This is ridiculous! Maybe the judge needs to read the law. Felonious assault is to “KNOWINGLY” cause serious physical harm to another, while assault is to “RECKLESSLY” cause serious physical harm to another. Obviously, the pitcher was not trying to bean the fan, but it happened, hence he was reckless in that regard. Assault in a 1st degree misdemeanor vs. a second degree felony - big difference!By a lawyer
August 4, 2009 3:16 PM | Link to this
Hey notagoodolboy- maybe you need a law degree or at least you should follow the story a little closer. By his own testimony he “knowingly” threw the ball at the dragons dugout. GUILTYBy D
August 4, 2009 3:20 PM | Link to this
Fans need to be held to the same standard now as well. Next time fans throw objects onto the field of play potentially harming players, they need to be brought up on charges as well.By joe
August 4, 2009 3:50 PM | Link to this
Let someone give you an 85 mph fastball to your dome and you’ll be wanting them charged too.By Ray
August 4, 2009 3:51 PM | Link to this
Sue him, win a judgement and then hope he becomes an all star making millions.By Tomas
August 4, 2009 4:01 PM | Link to this
All the local bigots need to be reminded that Rob Dibble, a wacky reliever the Reds had, once threw a baseball up into the center filed seats after a game, injuring a lady. I don’t recall him doing time (check out ESPN). What double standards people in this country have!By flipper
August 4, 2009 4:28 PM | Link to this
The Cubbies will release him now. There are too many non-criminals out there looking for a break into the major league. His best bet is suck it up and serve the time. Go back home and play minors in Puerto Rico and marry a happy fat lady.By ME
August 4, 2009 4:39 PM | Link to this
If he pitches a perfect game all will be forgiven by the Cubbies and MLB.By ME
August 4, 2009 4:40 PM | Link to this
If he pitches a perfect game all will be forgiven by the Cubbies and MLB.By Jacquie
August 4, 2009 4:58 PM | Link to this
Possible probation? Any of the 8,000+ fans in attendance that night saw him PURPOSELY throw a 90 mph ball at fans (not the dugout fence) who were booing the horrible behavior of his team, and him in particular. He had already hit several batters with “purpose” pitches. Deport him!By sw
August 4, 2009 4:59 PM | Link to this
If he can’t pitch any better than that it’s no wonder he’s still in the minors!By 1above
August 4, 2009 6:03 PM | Link to this
By law, shouldn’t he be deported since this is a felony case?By Grypie
August 4, 2009 6:13 PM | Link to this
Gee, Jeff do you think a minor league pitcher actually has any money to give, you sound like whats been plaguing America, sue for all you can get, how about line him against a wall, and let 20 men throw 10 fastballs each at him!!!By Redsneck
August 4, 2009 6:45 PM | Link to this
Why even bring up guns? To all you gun-controllers who believe guns kill people. Do pens misspell words?By matt
August 4, 2009 6:55 PM | Link to this
i have been following the story… this is setting a dangerous precendent.. it’s a joke… to the lawyer, so if he hit a dragon’s player is he still guilty? Let the actions on the field stay on there… what if someone tosses a ball to a kid, and the kid takes it in the nose, is the player then guilty of “felanous assault”… i’m so glad my tax dollars paid to try this guy.. what a jokeBy d
August 4, 2009 6:59 PM | Link to this
While we are talking about the horrible behavior of a team, I think we need to look at the Dragons as well. If I recall, the Dragons pitchers beaned 2 batters in the game as well, which led to an escalation of tempers.By Doc Holiday
August 4, 2009 7:34 PM | Link to this
Send the negro back to where he came from! They are nothing but trouble, and the worst of the bunch are stuck in DaytonBy Pete
August 4, 2009 7:53 PM | Link to this
Matt, you are an idiot. A great reason why we should screen people before they are allowed to buy a computer!By just us
August 4, 2009 8:31 PM | Link to this
Restitution should be paid to the person who was hit,and then he should be swiftly DEPORTED!!!!!! nuff said!!By Grypie
August 4, 2009 9:22 PM | Link to this
In the game of baseball let the players handle it(the beaming)on there own, in the minors they don’t always have the best of control, and the guilty party even stated, he threw at the dragons dugout because he was in fear,he knew what he was doing the dragons should have kept beaming them, its home field advantage,real ballplayers know all of this!!!By DEN@AOL.XOM
August 4, 2009 10:00 PM | Link to this
DOC HOLIDAY, IS THIS YOU? DENNIS GANNON NEWSGROUP MODERATOR (937)586-652XBy commenter
August 5, 2009 5:25 AM | Link to this
All one has to do is watch the video. He was clearly out of control in a rage - end of story. He’s GUILTY and he knows it. DEPORT him. Then screen your players better from now on, Dayton Dragons. Give them a psych evaluation along with timing their fast ball before they’re “hired”. What kind of people are you dragging into our country? Do you even QUESTION their backgrounds before you help them get visas?By Just Sayin
August 5, 2009 6:48 AM | Link to this
I found it funny that Leiberman could actually say some of the things he said as a defense…he had no other way to communicate that he was scared??? R U Kidding Me???!!! Leiberman is a total joke! How can he look himself in the mirror? Or better yet, how could anyone take him seriously????By DUH
August 5, 2009 7:02 AM | Link to this
D…come on, i don’t believe fans throwing cups, etc. can be compared to a trained pitcher throwing a baseball 80-85 mph.By Dennis Williams
August 5, 2009 7:02 AM | Link to this
As for Mr Castillo’s action I must say that he certainly used poor judgement. However, in his defense, I have to say that any long-time sports fan knows that atheletes are very high-spirited, competitive individuals. What avid sports fan hasn’t seen a sports figure loose their cool?! there are fights in many sports;football, baseball, and hockey. I also think that this man is truly sorry for his actions and that he was indeed NOT trying to throw that ball into the stands. One last comment, I haven’t seen a sporting ticket as of late but every one I’ve ever seen has a disclaimer on the back about the possibility of being injured at the game and warns you as a spectator to always be aware of what is happening on the field. And as for punishment I say DON’T send this guy to jail, and don’t deport him either. Fine him? Yes! Suspend him? Yes! But I just can’t see a criminal penalty for this guy. The courts need to concentrate their efforts on the REAL bad guys!By Jer
August 5, 2009 8:04 AM | Link to this
Dennis Williams come on get real, yes the ticket say about the possibility of being injured and that means in the normal process of the game. It does not cover loose cannons who lose their cool and hurt a fan.By D
August 5, 2009 8:20 AM | Link to this
DUH - I’m not talking about the empty cups. I’ve been at games where plastic bottles full of liquid have been thrown, batteries have been thrown, balls have been thrown from the stands, etc.By Matt
August 5, 2009 8:49 AM | Link to this
I’m an idiot? I bet you have never played the game. What happens on the field stays on the field, it’s unfortunate that the ball hit a fan, that was not his intention. There was no reason this should have been a criminal case. Civil, yeah go ahead since everyone likes to sue and make a quick buck. Have you ever listened to what they tell you before the game? Your at your own risk in the stands. I feel sorry for the person who got hit in the head, but no way should this guy spend any time in jail. A Joke!!!By painfultruth
August 5, 2009 9:01 AM | Link to this
Dat right Joe! Beisbol been BERRY good to me! I heet de ball and it go far!By Stomper
August 5, 2009 9:41 AM | Link to this
Another gangster in a sports uniform.By poppawu
August 5, 2009 10:02 AM | Link to this
He can take his a** back home and roll me some more cigars!!!By rj
August 5, 2009 10:31 AM | Link to this
Hang ‘im………By E
August 5, 2009 10:35 AM | Link to this
Some of the people on here need serious help. Some very rude comments. No compassion for mankindBy E
August 5, 2009 11:03 AM | Link to this
Matt, well said. I agree.By Tim Simon
August 5, 2009 11:10 AM | Link to this
Hey geniuses…HE’S PUERTO RICAN—HE CANNOT BE DEPORTED.By Matt
August 5, 2009 11:27 AM | Link to this
hey Tim, he’s from the Domincan Republic, last time i checked that didn’t make him a Puerto Rican. Growing up in NY, you must know the difference, or you’ll get shot….By knowitall
August 5, 2009 12:21 PM | Link to this
Hehe. Who’s the “genius” now Tim? NO ONE “growing up in the Dominican Republic” can use “fear” as an excuse for their gang-like mentality. His actions are PROOF of the kind of upbringing he had. The Dayton Dragons are “dragon” the sport of baseball to new lows with trash like this on the field. Send him back to the 3rd world barrio - where his actions are the NORM. My “compassion” lies with the victim of his out of control violence.By AM
August 5, 2009 12:59 PM | Link to this
As a Chiefs fan I say good. Make an example of him and send a message to all the other brats. It’s time for this kid to go back home. Hopefully his work visa will be revoked.By gunman
August 5, 2009 1:34 PM | Link to this
Z…. you are an idiot!!!!By ohio buckeye
August 6, 2009 7:40 AM | Link to this
DEPORT THIS MAN !!! N O WBy nan
August 6, 2009 12:01 PM | Link to this
what ever. the guy will not serve time. they’ll send him home and that will be it or obama will personally come in his jet for himBy J. Hughes
August 6, 2009 1:24 PM | Link to this
Those who think Castillo was wrongly convicted because he didn’t “intend” to hit the fan don’t understand the definition of “knowingly.” According to ORC 2901.22: “A person acts knowingly, regardless of his purpose, when he is aware that his conduct will probably cause a certain result or will probably be of a certain nature. A person has knowledge of circumstances when he is aware that such circumstances probably exist.” Firing a fastball at the Dragon’s dugout “probably” would cause serious physical injury. Castillo didn’t have to have that as his purpose, and he didn’t have to intend to hit the fan. This type of definition is common in criminal law. Castillo’s conduct was outside any waiver on a ticket or legally accepted athletic conduct. Look up Marty McSorley, Todd Bertuzzi, Ron Artest, Stephen Jackson.