DAYTON, Ohio -- An Ohio judge has convicted a minor league
pitcher of injuring a fan when he threw a baseball that went into
the stands during an on-field melee in Dayton last year.
Montgomery County Common Pleas Judge Connie Price on Tuesday
found Julio Castillo guilty of felonious assault causing serious
physical injury. The judge acquitted the 22-year-old of a second
charge of felonious assault with a deadly weapon.
Price announced her decision without comment.
Castillo, of the Dominican Republic, was pitching for the Peoria
Chiefs -- a Class A affiliate of the Chicago Cubs -- against the
Dayton Dragons when the bench-clearing brawl broke out. Castillo
threw a ball that gave a fan a concussion.
He faces a possible 2 to 8 years in prison when he is sentenced
Thursday, but the judge could alternatively sentence him to
"We are pleased that this paves the way for some sense of
accountability for what happened, and for the victim to be
recognized that what happened to him could happen to anyone," said
assistant county prosecutor Tracey Tangeman.
Defense attorney Dennis Lieberman said the verdict contained
both "good news and bad news" but declined further comment.
During last month's trial, fan Chris McCarthy testified that
Castillo appeared angry when he hurled the ball toward the Dragons'
dugout. He said the ball came into the stands, striking him in the
McCarthy, 45, of Middletown, said the seams of the baseball left
a mark on his scalp, and he suffered a throbbing headache for days.
He said the swelling in his head became so severe that he couldn't
wear a hard hat required for part of his job.
McCarthy did not attend the verdict hearing on Tuesday. A
message left at a number listed for a Chris McCarthy in Middletown
was not immediately returned.
At trial, Montgomery County prosecutor Jon Marshall had accused
Castillo of throwing the ball at Dragons' players. He argued that
courts have found that such objects as rocks, bricks, pool cues and
baseball bats constitute deadly weapons, and Castillo is capable of
throwing a baseball over 90 miles an hour.
Castillo said he had been having pitching control problems
earlier in the game, became frightened as the brawl began, and
threw the ball downward toward the Dragons' dugout to try to keep
players from rushing the field. He said he did not throw at any
opposing player, nor did he intend to hit anyone.
Video from the game shows Castillo throwing a ball, but doesn't
show where the ball lands.
Officials in the Midwest League suspended and fined 15 players
and both teams' managers for the fight.
Castillo currently is on the roster of the Boise Hawks, also a
Cubs affiliate. He has been benched as the Cubs awaited the outcome
of the trial.
Michael Lufrano, general counsel for the Cubs, declined to