Judge to decide if Dunbar teen accused of headbutting referee will move to adult court

Credit: DaytonDailyNews

A teen will have to await a decision from a Montgomery County Juvenile Court judge to learn whether he will have to appear in adult court after being accused of headbutting a referee during a football game.

The teen appeared in juvenile court Monday for a probable cause hearing.

The teen has been charged with one count of felonious assault causing serious physical harm. The game official, Scott Bistrek, said he suffered a concussion when the player delivered the blow while wearing his helmet during Dunbar High School’s Aug. 31 game.

Both the prosecution and defense agreed there is probable cause to move the case to adult court.  Judge Helen Wallace will issue her ruling on the probable cause hearing in about a week.

The incident happened in the second quarter of Dunbar’s game against Roger Bacon, and led to the rest of the game being canceled.

“The player did not think the call was fair and was very incensed and cursing,” Bistrek’s testimony said. “I motioned the player off the field and told him he needed to go off for a play to calm down. The player was not being ejected from the game, just being sent to the sideline for a play to calm down. At this time the player says, ‘F you,’ and then headbutts me.”

Bistrek appeared as recently as last month before state legislatures seeking to increase the penalties against people who assault officials.

House Bill 208 was introduced and referred to committee in April 2019, several months before Bistrek suffered his concussion from the assault during Dunbar’s game.

"I struggled with the decision to stop officiating all together, something I've been doing for over 20 years," Bistrek told News Center 7's Molly Koweek last month. "And after one horrible incident I was wondering if I could go back. Especially football, a sport I love."

Bistrek wants the punishment coming out of the legislation to be a felony.

"As officials, we expect to be yelled at," he said. "Our family expects it and you learn to deal with it. you do not expect to be assaulted or threatened -- both of which I believe are happening more lately."

About the Author