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croce_99
07-24-2008, 11:46 PM
Anyone see that on Comcast? 15 players were ejected. It was a Peoria Chiefs game. I don't have much info, but the scene was pretty wild.
Someone on the chiefs threw a ball towards the other teams dugout and it hit a fan, and they are currently hospitalized.

Ill try to dig up more info.

croce_99
07-24-2008, 11:48 PM
Chiefs starter Julio Castillo walked Justin Reed to start the bottom of the first and then hit Zack Cozart in the head. Cozart was down for about five minutes before leaving the game under his own power. Neftali Soto struck out and Brandon Waring hit a dribbler past Castillo. Castillo and Gian Guzman collided as all three Dragons runners were safe. Guzman was down for about 15 minutes with a left leg injury before he left the field on a stretcher.


After the delay, Denis Phipps blooped one into right that Cliff Andersen lost in the sun for a two-run double as the ball landed at Andersenís feet. Devin Mesoraco put the Dragons up 4-0 with a single back up the middle to score Waring and Phipps.


Angel Cabrera was then hit by a pitch in the arm and after throwing his bat down, he started jawing at Castillo on his way to first. Kel Jones bounced into a fielders choice to second and Cabrera went in hard, spikes up, on Nate Samson. As Cabrera walked off the field, the players jawed and then Dragons manager Donnie Scott started yelling at Castillo and Samson from the third base coaches box. Chiefs Interim Manager Carmelo Martinez came out of the dugout to confront the Dragons skipper, and he and Scott had an animated discussion down the third base line.


The players began jawing as well and it quickly turned into a full-blown, benches-clearing brawl. As all the players from both teams converged around the Dragons dugout, punches were thrown and players hit the ground. By time the umpires finally gained control, they handed out 15 ejections. After multiple conversations with both coaching staffs, substitutions were announced an both teams were ready to put two pitchers in the outfield. The umpires then disappeared into the clubhouse and returned 10 minutes later to announce that all of the ejections were reversed. Play resumed with Chris Siegfried on the hill for the Chiefs, 69 minutes after the brawl ended.

http://www.week.com/sports/25882994.html

CubbieSteve
07-24-2008, 11:48 PM
Damn, 15 players ejected? I want to see this.

hoosiercubsfan
07-24-2008, 11:49 PM
Anyone see that on Comcast? 15 players were ejected. It was a Peoria Chiefs game. I don't have much info, but the scene was pretty wild.
Someone on the chiefs threw a ball towards the other teams dugout and it hit a fan, and they are currently hospitalized.

Ill try to dig up more info.

That does not sound good at all. The fan may actually be able to press charges against the player who threw it for battery. They are just about to talk about it on sportscenter i believe also.

shrek
07-24-2008, 11:52 PM
wow.... that's crazy but why were the ejections reversed?

croce_99
07-24-2008, 11:52 PM
wow.... that's crazy but why were the ejections reversed?

:laugh2: comcast said 15 players were ejected, then the article said they were reversed.

Strange.

croce_99
07-24-2008, 11:56 PM
Its going to be on ESPN next
A player was arrested

CubbieSteve
07-24-2008, 11:57 PM
Link to video:

http://www.wrgt45.com/

Not much but something.

hoosiercubsfan
07-24-2008, 11:58 PM
Its going to be on ESPN next
A player was arrested

That was kind of what i was afraid was going to happen when you stated someone threw at the dugout and hit a fan. The unwanted touching of someone by someone else or an extension of someone else (ie baseball) is criminal battery. He better hope they aren't hurt that bad because it could also be a civil case of battery also which would cost him some bucks for that.

croce_99
07-24-2008, 11:59 PM
castillo faces felony assault charges

JDIsMyGod23
07-25-2008, 12:00 AM
Man, with Wood on the DL this Castillo blew his chance to show off his skills!

Hawkize31
07-25-2008, 12:00 AM
Here is an article about it. "Police and fire were called."


Thousands of fans go from enjoying a baseball game to watching a brawl Thursday night.

Dayton police and fire were called to Fifth Third Field around 8 p.m.

The Dayton Dragons were playing against the Peoria Chiefs,and the game was stopped after the first inning by a brawl after a batter was hit in the head by a baseball.

The Chiefs' pitcher, Julio Castillo, threw a ball into the stands and hit someone. That person was taken to an area hospital.

The game was resumed.

link (http://www.whiotv.com/news/16982662/detail.html)

croce_99
07-25-2008, 12:00 AM
what a moron. I have no idea who he is (castillo) but I hope he faces some serious fines and is kicked off the team. Stupid idiot

homestarunner93
07-25-2008, 12:01 AM
17 ejected, Ejections reversed so the game could continue. Castillo could face criminal charges.

CubbieSteve
07-25-2008, 12:01 AM
Sandberg not at the game, in Cooperstown. Chiefs player suffered a broken leg on the slide by the Dayton guy.

hoosiercubsfan
07-25-2008, 12:03 AM
what a moron. I have no idea who he is (castillo) but I hope he faces some serious fines and is kicked off the team. Stupid idiot

I am sure he will face a serious fine and may even face some jail time over this. Depends on if they keep it as a felony or knock it down to a misdeameanor.

gocubs2118
07-25-2008, 12:05 AM
I want to know what that fight was all about.

hrubes20
07-25-2008, 12:05 AM
That was kind of what i was afraid was going to happen when you stated someone threw at the dugout and hit a fan. The unwanted touching of someone by someone else or an extension of someone else (ie baseball) is criminal battery. He better hope they aren't hurt that bad because it could also be a civil case of battery also which would cost him some bucks for that.

You must be in law school to define battery with that precise of a definition.

I just graduated!

Max Power
07-25-2008, 12:06 AM
This guy might spend some serious time in jail.


DAYTON- A spectator is hit by a wild pitch after a fight breaks out at a Dragons game.

The man was sitting in the second row at Fifth Third Field when Pitcher Julio Castillo for the Peoria Chiefs flung the ball at full speed hitting the man in head.

According to witnesses the ball was thrown so hard it hit the man and bounced five rows behind him where it landed in another spectators lap.

The hit fan was taken to the Miami Valley hospital conscious, no word yet to the extent of his injuries. He had come to the game with his wife and two children.

http://www.wrgt45.com/shared/newsroom/top_stories/wrgt_vid_569.shtml

shrek
07-25-2008, 12:07 AM
He will most likely get released by the cubs now. Probably a wash out pitcher.

what a dumbass

hoosiercubsfan
07-25-2008, 12:13 AM
You must be in law school to define battery with that precise of a definition.

I just graduated!

Congrats on graduating good luck on the bar :(. I actually am not in law school but doing a paralegal program locally. I may decide to go on to law school in a few years. Want to get some real world practical work in a law firm before i decide to go or not. I took a torts class so that is where I learned all about things like intentional torts (assault, battery etc)..

Cubsfan162512
07-25-2008, 12:18 AM
Link to video:

http://www.wrgt45.com/

Not much but something.

holy **** throwing that ball was ridiculous and that's crazy that it hit a fan...what a dumb*** for doing that...he wound up and threw it...stupid stupid :mad::pity:

MrPoon
07-25-2008, 12:19 AM
whoa, you can totally see him huck it towards the stands and then get jumped by like 3 guys. theres goes your career buddy. that might beat whatshisname who took out the guy in the on-deck circle as one of the stupidest moves of all time.

Hawkize31
07-25-2008, 12:19 AM
Julio Castillo:

Turned 21 fourteen days ago.

4 years of minor league numbers:

3-6 in 51 career appearances (21 starts) 4.56 ERA 144IP 74Ks 75BBs 12HBP 22WP
This year he was doing very well though, 39.1 innings and an ERA of 0.69, 22/12 K/BB ratio.

With a 1/1 K/BB ratio, 12HBP and 22WP, I can see how he missed and hit a fan.

CubbieSteve
07-25-2008, 12:22 AM
holy **** throwing that ball was ridiculous and that's crazy that it hit a fan...what a dumb*** for doing that...he wound up and threw it...stupid stupid :mad::pity:

Really if he's that wild, we don't need him anyway.

What an idiot.

JDIsMyGod23
07-25-2008, 12:26 AM
I feel bad for the people who have 3rd base dugout tickets for Tuesday.

Jack_Bauer
07-25-2008, 12:29 AM
they just showed the fight again on baseball tonight, wicked.

chicubs377
07-25-2008, 12:29 AM
the guy who threw the ball in the stands is the biggest idiot ever...if that actually hit a player or fan straight in the head without a bounce it could actually kill someone.

PunkShizzle
07-25-2008, 12:29 AM
I wonder how Ryno would have reacted.

Chazm
07-25-2008, 12:30 AM
That was CRAZY!!

damon berryhill
07-25-2008, 12:33 AM
the guy who threw the ball in the stands is the biggest idiot ever...if that actually hit a player or fan straight in the head without a bounce it could actually kill someone.

And that is why he has a court date on Friday for felony assault according to ESPN (though its likely battery either also OR with the assault charge. Not sure if assault can be proven as he didnt necessarily put the fan in fear of immediate harm).

hoosiercubsfan
07-25-2008, 12:33 AM
I'm more curious as to what the Cubs as an organization will do to him. Will they flat out release him? Send him to anger management? Slap his wrist with a fine? It is really hard to say how they will handle this. Talent goes a long way in tempering hasty decisions. Look at Delmon Young for an example of this. Though I would bet that he is done for the season in the minors with a suspension and or jail time.

hoosiercubsfan
07-25-2008, 12:37 AM
And that is why he has a court date on Friday for felony assault according to ESPN (though its likely battery either also OR with the assault charge. Not sure if assault can be proven as he didnt necessarily put the fan in fear of immediate harm).

I looked it up myself being curious about the same thing. And it seems that not in every jurisdiction is it split up between assault and battery. It is just simply listed as an assault lacking the distinction between the two. I would imagine assault without battery would be very hard to prove anyhow. How would you prove what someone is thinking if they were never touched?

redbird89
07-25-2008, 12:51 AM
Wow. Sounds awful.

It's just a game. Not worth breaking a guy's leg or hurting a fan.

hrubes20
07-25-2008, 12:52 AM
Congrats on graduating good luck on the bar :(. I actually am not in law school but doing a paralegal program locally. I may decide to go on to law school in a few years. Want to get some real world practical work in a law firm before i decide to go or not. I took a torts class so that is where I learned all about things like intentional torts (assault, battery etc)..

Thanks. I actually start the Bar on Monday. I'm only semi-freaking out about it right now. Nothing like cramming 3 years of information into a 3-day test. :puke:

But if you like the real world practice, I'd recommend law school. I've heard that if you love law school, you won't like the practice. However, if you hate law school, you might like to practice. I despised law school all 3years so i guess we'll see if I like practice or not.

damon berryhill
07-25-2008, 12:53 AM
I looked it up myself being curious about the same thing. And it seems that not in every jurisdiction is it split up between assault and battery. It is just simply listed as an assault lacking the distinction between the two. I would imagine assault without battery would be very hard to prove anyhow. How would you prove what someone is thinking if they were never touched?

While every battery includes an assault, an assault does not necessarily require a battery complete it. WHat it does take to constitute an assault in an unlawful attempt to commit a battery, incomplete by reason of some intervening cause. Basically, to constitute an actionable assault there must be an intentional, unlawful, offer to touch the person of another in a manner under such circumstances as to creat in teh mind fo the party alleging teh assault a well-founded fear of an immenent battery, coupled with teh apparent present ability to effectuate the attempt, if not prevented

hrubes20
07-25-2008, 12:56 AM
I looked it up myself being curious about the same thing. And it seems that not in every jurisdiction is it split up between assault and battery. It is just simply listed as an assault lacking the distinction between the two. I would imagine assault without battery would be very hard to prove anyhow. How would you prove what someone is thinking if they were never touched?

Actually, there is never any touching in assault. Assault is a reasonable apprehension of an immediate battery. You only need to show that a reasonable person would have been afraid in the same circumstance.

hoosiercubsfan
07-25-2008, 12:57 AM
Thanks. I actually start the Bar on Monday. I'm only semi-freaking out about it right now. Nothing like cramming 3 years of information into a 3-day test. :puke:

But if you like the real world practice, I'd recommend law school. I've heard that if you love law school, you won't like the practice. However, if you hate law school, you might like to practice. I despised law school all 3years so i guess we'll see if I like practice or not.

Well with three kids under 3 1/2 lawschool is just not gonna happen right now till they get a bit older. That is why I went the paralegal route I will be doing about everything you will short of giving legal advice. I have talked to alot of my professors who are attorneys during their day job and have been told 3-4 years of paralegal work will set you so far ahead of the rest of the class because of all the hands on work you get. So we shall see I'm in no real hurry go that far in debt at the moment.

jiggin
07-25-2008, 12:58 AM
Here is a play by play from a writer at the game, including the players names that were ejected:


DAYTON — A first-inning four-run rally quickly escalated into a bench-clearing brawl between the Dayton Dragons and Peoria Chiefs tonight at Fifth Third Field, and that was after Dayton shortstop Zack Cozart had to leave the game after being hit in the head with a pitch and Peoria second baseman Gian Guzman went out with a broken left leg.

Trouble may have started in the top of the inning when Dayton pitcher Kyle Lotzkar hit the second batter, Nate Samson.

That half inning ended without further incident, but when Cozart came to bat as Dayton's second batter — with a runner on first — he was drilled in the left side of the helmet by a Julio Castillo pitch.

Cozart fell to the ground immediately and eventually was helped to the dugout, finished for the evening.

Following an out, Brandon Waring then hit a slow roller toward second that Castillo tried to field. Guzman ran up behind him and fell over Castillo, breaking his leg. He had to be removed by stretcher.

That loaded the bases and Denis Phipps hit a pop fly half way down the right field line that bounced sideways into the stands for a ground rule double, scoring two runs. Catcher Devin Mesoraco then singled home two more runs.

Dayton's next batter, Angel Cabrera, was hit with a pitch, reacting angrily by throwing his bat and batting gloves toward his dugout. When Keltavious Jones, Dayton's next batter, hit a grounder to second, Cabrera slid into second, legs high, to break up the double play.

Now Peoria shortstop Nate Samson reacted angrily, gesturing it was too rough a slide.

Castillo then threw a pitch close to Brandon Menchaca's head, prompting Dayton manager Donnie Scott to leave the third base coaching box and complain to home plate umpire Tyler Wilson.

That prompted interim Peoria manager Carmelo Martinez to join the conversation, which quickly became heated, and when Martinez pushed Scott, the benches emptied. Several fights broke out behind home plate, and Castillo threw a ball that sailed into the stands behind the Dragons' dugout, hitting a fan who had to be taken to a hospital.

Menchaca jumped on Castillo and eventually both managers and 15 players — including eight Dragons — were ejected from the game.

Those ejected from the Dragons were starting outfielders Justin Reed and Phipps, Kevin Feiner (who was taking the place of Cozart), starting catcher Devin Mesoraco and pitchers Henry Arias, Jeremy Horst, Jeff Jeffords and Luis Montano.

Peoria lost five starters, including outfielders Brandon Guyer and Cliff Anderson, catcher Mario Mercedes, third baseman Jovan Rosa and Castillo as well as pitchers Steve Vento and Audy Santana.

hoosiercubsfan
07-25-2008, 12:58 AM
While every battery includes an assault, an assault does not necessarily require a battery complete it. WHat it does take to constitute an assault in an unlawful attempt to commit a battery, incomplete by reason of some intervening cause. Basically, to constitute an actionable assault there must be an intentional, unlawful, offer to touch the person of another in a manner under such circumstances as to creat in teh mind fo the party alleging teh assault a well-founded fear of an immenent battery, coupled with teh apparent present ability to effectuate the attempt, if not prevented

Looks like someone pulled out their tort notes. :D

redbird89
07-25-2008, 12:59 AM
If anybody wants to see it here's a Peoria Chiefs and Quad Cities River Bandits brawl from 2002.

http://youtube.com/watch?v=sEdKixTfaW0

You might recognize the catcher.
Sorry, there's no sound.

damon berryhill
07-25-2008, 01:00 AM
Looks like someone pulled out their tort notes. :D


I have no idea what you are talking about...:D If we wanna talk sentencing guidelines and theories too, I'll be here all night.

jayjay124
07-25-2008, 01:02 AM
I looked it up myself being curious about the same thing. And it seems that not in every jurisdiction is it split up between assault and battery. It is just simply listed as an assault lacking the distinction between the two. I would imagine assault without battery would be very hard to prove anyhow. How would you prove what someone is thinking if they were never touched?

Does it matter if he was touched though? If he had the motive to pick up a ball (out of anger), throw it, does that not show a premeditated action? Assault is determined based on intent right?. Though I did not see this person throw the ball, or how long he held onto the ball, I am only giving my opinion that if he held onto the ball for a couple of seconds, then threw the ball, that should show intent, which would classify as assault.

What do you think?

damon berryhill
07-25-2008, 01:03 AM
Does it matter if he was touched though? If he had the motive to pick up a ball (out of anger), throw it, does that not show a premeditated action? Assault is determined based on intent right?. Though I did not see this person throw the ball, or how long he held onto the ball, I am only giving my opinion that if he held onto the ball for a couple of seconds, then threw the ball, that should show intent, which would classify as assault.

What do you think?


Technically, intent can be tranferable. Like if i mean to swing at your friend in a bar fight and end up hitting you.

hoosiercubsfan
07-25-2008, 01:08 AM
Does it matter if he was touched though? If he had the motive to pick up a ball (out of anger), throw it, does that not show a premeditated action? Assault is determined based on intent right?. Though I did not see this person throw the ball, or how long he held onto the ball, I am only giving my opinion that if he held onto the ball for a couple of seconds, then threw the ball, that should show intent, which would classify as assault.

What do you think?

OK for a classical assualt charge it is the apprhension of being touched by someone with a part of their body or extension of them. Battery is the actual touching but apperently not all places have a statute on assualt and battery they are just lumped together i'd have to guess. When you talking about this case he is charged with felonious assualt which is a trumped up assualt charge. I will be curious to see if they keep it as a felony or does the D.A. drop it to a misdeamenor assual charge.

hrubes20
07-25-2008, 01:08 AM
Does it matter if he was touched though? If he had the motive to pick up a ball (out of anger), throw it, does that not show a premeditated action? Assault is determined based on intent right?. Though I did not see this person throw the ball, or how long he held onto the ball, I am only giving my opinion that if he held onto the ball for a couple of seconds, then threw the ball, that should show intent, which would classify as assault.

What do you think?

I reiterate, there is no touching of any kind in an assault. Harmful, unpermitted contact with a plaintiff's person is the definition of battery, which is exactly what this was. No, the pitcher did not have the intent of striking the fan, but there is a little thing called "transferred intent." It can go from person to person or from tort to tort (i.e. pitcher tried to scare the opposing players by throwing the ball (assault) but ended up nailing the fan with it (battery)). It's battery and it's an open and closed case.

jayjay124
07-25-2008, 01:12 AM
CRIMINAL OFFENSES
(720 ILCS 5/) Criminal Code of 1961.

(720 ILCS 5/Art. 12 heading)
ARTICLE 12. BODILY HARM

(720 ILCS 5/12‑1) (from Ch. 38, par. 12‑1)
Sec. 12‑1. Assault.
(a) A person commits an assault when, without lawful authority, he engages in conduct which places another in reasonable apprehension of receiving a battery.
(b) Sentence. Assault is a Class C misdemeanor.
(c) In addition to any other sentence that may be imposed, a court shall order any person convicted of assault to perform community service for not less than 30 and not more than 120 hours, if community service is available in the jurisdiction and is funded and approved by the county board of the county where the offense was committed. In addition, whenever any person is placed on supervision for an alleged offense under this Section, the supervision shall be conditioned upon the performance of the community service.
This subsection does not apply when the court imposes a sentence of incarceration.
(Source: P.A. 88‑558, eff. 1‑1‑95; 89‑8, eff. 3‑21‑95.)

This is out (9.5) Is, or the individual assaulted is, in or about

a publicly or privately owned sports or entertainment arena, stadium, community or convention hall, special event center, amusement facility, or a special event center in a public park during any 24‑hour period when a professional sporting event, National Collegiate Athletic Association (NCAA)‑sanctioned sporting event, United States Olympic Committee‑sanctioned sporting event, or International Olympic Committee‑sanctioned sporting event is taking place in this venue;

I found this, Does this apply though? I so confused.

hoosiercubsfan
07-25-2008, 01:13 AM
Technically, intent can be tranferable. Like if i mean to swing at your friend in a bar fight and end up hitting you.

Just pure speculation this may be where he may be able to get the charge reduced to simple assualt. I'd imagine they would have to take the mental state of the player who threw the ball at the moment he threw it. It looks like it was a heat of the moment type thing that the defense attorney will most likely argue there was no intent to harm any one person. Again my pure guess on this is it will be dropped to misdemeanor assualt he will get a ton of community service and be forced to take an anger manegement class.

damon berryhill
07-25-2008, 01:18 AM
OK for a classical assualt charge it is the apprhension of being touched by someone with a part of their body or extension of them. Battery is the actual touching but apperently not all places have a statute on assualt and battery they are just lumped together i'd have to guess. When you talking about this case he is charged with felonious assualt which is a trumped up assualt charge. I will be curious to see if they keep it as a felony or does the D.A. drop it to a misdeamenor assual charge.

I wouldn't be embarassed to argue either way. They may just drop it to misdemeanor to get him to plea out. Friday is simply his initial appearance for riverside purposes. Investigation still has to be solidified and then any pretrial motions (though I feel there wont be any suppression hearings, etc) have to happen and then the burdens of a trial create a time frame that a ballplayer will not want to get involved in.

However, this also could be a statement case where the DA tries to hold him accountable as he would a normal individual and prove that the recklessness of a ballplayer that harms an innocent individual should not be excused

jayjay124
07-25-2008, 01:22 AM
I wouldn't be embarassed to argue either way. They may just drop it to misdemeanor to get him to plea out. Friday is simply his initial appearance for riverside purposes. Investigation still has to be solidified and then any pretrial motions (though I feel there wont be any suppression hearings, etc) have to happen and then the burdens of a trial create a time frame that a ballplayer will not want to get involved in.

However, this also could be a statement case where the DA tries to hold him accountable as he would a normal individual and prove that the recklessness of a ballplayer that harms an innocent individual should not be excused

I agree completely with you, the DA could make an example out of this kid very easily. But you are also right, IMO there will be a plea agreement for the ball player.

hoosiercubsfan
07-25-2008, 01:25 AM
I wouldn't be embarassed to argue either way. They may just drop it to misdemeanor to get him to plea out. Friday is simply his initial appearance for riverside purposes. Investigation still has to be solidified and then any pretrial motions (though I feel there wont be any suppression hearings, etc) have to happen and then the burdens of a trial create a time frame that a ballplayer will not want to get involved in.

However, this also could be a statement case where the DA tries to hold him accountable as he would a normal individual and prove that the recklessness of a ballplayer that harms an innocent individual should not be excused

Those two are exactly what I was thinking. If it is anything like it is here in Indianapolis he will get his slap on the wrist and community service. The Pacer players get away with all kinds of stuff here and barely get a slap on the wrist. But the DA could try to make a statement out of the kid. I think it will hinge on what the organization does about it. I imagine they will have some pull in the city in helping them decide one way or the other.

ugotabkdin
07-25-2008, 01:27 AM
You must be in law school to define battery with that precise of a definition.

I just graduated!

You and me both, brother. I'd say we're more likely to list the elements of battery than a current student though... Damn Bar/Bri.

Castillo is totally screwed on this one...he is in that video chucking the ball pretty hard. I don't want a scumbag like that on the Cubs and hope justice is served. Hard.

hoosiercubsfan
07-25-2008, 01:27 AM
Wow.:(

Easier just to ignore stuff like that. The rise is what he wants to the comment.

hawkeyefootball
07-25-2008, 01:28 AM
Obviously this Castillo fellow has control issues.

hoosiercubsfan
07-25-2008, 01:29 AM
You and me both, brother. I'd say we're more likely to list the elements of battery than a current student though... Damn Bar/Bri.

Castillo is totally screwed on this one...he is in that video chucking the ball pretty hard. I don't want a scumbag like that on the Cubs and hope justice is served. Hard.

I just don't see it being done like that. Athletes are held to a different standard. There are countless examples of this.

damon berryhill
07-25-2008, 01:36 AM
You and me both, brother. I'd say we're more likely to list the elements of battery than a current student though... Damn Bar/Bri.

Castillo is totally screwed on this one...he is in that video chucking the ball pretty hard. I don't want a scumbag like that on the Cubs and hope justice is served. Hard.

Wow. Kinda shocking how many lawyer-types/students/aficianados there are on this site. Coming out of the woodwork.

As for the talks about the pacers players, you cannot help to think about the big brawl. However, in that case, some fans were inciting action from the players. In the case at hand there is an innocent fan that was harmed (to what degree I don't know) because of the reckless conduct of this ball player. There is nothing at all to mitigate his actions (unless you feel like arguing that it is reasonable for a fight on ball field to spill into the stands and thus the fans should be on notice... which is one argument I don't think I'd be comfortable making).

hoosiercubsfan
07-25-2008, 01:41 AM
I was talking more about their conduct in the public. Several of the players have had constant run ins with the police here. That is part of the wholesale change they are having. The city just stopped showing up to the games. They had the lowest attendance in the NBA last season I believe. And this was a direct result of how the players have been acting. But none of them have had more than a slap on the hand. And they have been charged at least once with assault of a bar owner.

damon berryhill
07-25-2008, 01:44 AM
CRIMINAL OFFENSES
(720 ILCS 5/) Criminal Code of 1961.

(720 ILCS 5/Art. 12 heading)
ARTICLE 12. BODILY HARM

(720 ILCS 5/12‑1) (from Ch. 38, par. 12‑1)
Sec. 12‑1. Assault.
(a) A person commits an assault when, without lawful authority, he engages in conduct which places another in reasonable apprehension of receiving a battery.
(b) Sentence. Assault is a Class C misdemeanor.
(c) In addition to any other sentence that may be imposed, a court shall order any person convicted of assault to perform community service for not less than 30 and not more than 120 hours, if community service is available in the jurisdiction and is funded and approved by the county board of the county where the offense was committed. In addition, whenever any person is placed on supervision for an alleged offense under this Section, the supervision shall be conditioned upon the performance of the community service.
This subsection does not apply when the court imposes a sentence of incarceration.
(Source: P.A. 88‑558, eff. 1‑1‑95; 89‑8, eff. 3‑21‑95.)

This is out (9.5) Is, or the individual assaulted is, in or about

a publicly or privately owned sports or entertainment arena, stadium, community or convention hall, special event center, amusement facility, or a special event center in a public park during any 24‑hour period when a professional sporting event, National Collegiate Athletic Association (NCAA)‑sanctioned sporting event, United States Olympic Committee‑sanctioned sporting event, or International Olympic Committee‑sanctioned sporting event is taking place in this venue;

I found this, Does this apply though? I so confused.


This is not the applicable statute. This is simply misdemeanor assault. He is being charged with, at the moment, felony assault, which has the possibility of incarceration of over a year (thus the felony classification).

hoosiercubsfan
07-25-2008, 01:45 AM
In the case at hand there is an innocent fan that was harmed (to what degree I don't know) because of the reckless conduct of this ball player. There is nothing at all to mitigate his actions (unless you feel like arguing that it is reasonable for a fight on ball field to spill into the stands and thus the fans should be on notice... which is one argument I don't think I'd be comfortable making).

I don't doubt one bit that there will be a conviction/plea in this case. He won't be able to walk away with out something done to him. But it might not be worth the time and effort/money to try for a felony assault case. More than likely if they offer misdemeanor assault with a fine and community service that will probably get it done. Now he better hope he isn't sued civilly by the fan. If he is he will pay through the nose for his actions.

damon berryhill
07-25-2008, 01:50 AM
I don't doubt one bit that there will be a conviction/plea in this case. He won't be able to walk away with out something done to him. But it might not be worth the time and effort/money to try for a felony assault case. More than likely if they offer misdemeanor assault with a fine and community service that will probably get it done. Now he better hope he isn't sued civilly by the fan. If he is he will pay through the nose for his actions.


Oh, I don't doubt that there will be civil actions. What will be interesting to see is if the organization will come to his rescue and try and settle for him or if they will leave him out to dry and make it come out of his own pocket. THe organization could also be liable in civil actions under respondeat superior as he was an employee of the organization, and because he was in uniform, could be considered as acting in teh course of his employment.

hoosiercubsfan
07-25-2008, 01:55 AM
Oh, I don't doubt that there will be civil actions. What will be interesting to see is if the organization will come to his rescue and try and settle for him or if they will leave him out to dry and make it come out of his own pocket.

How good a prospect is he? And how likely is he to reach the big club after this? That will be what makes the decision on if they come to his aid or not. At the end of the day it is all about the talent. I am not sure i'm more interested in seeing, is he tried in felony court or is he given a plea deal.

By the way what type of law are you looking at going into?

hoosiercubsfan
07-25-2008, 01:59 AM
THe organization could also be liable in civil actions under respondeat superior as he was an employee of the organization, and because he was in uniform, could be considered as acting in teh course of his employment.

I don't think they will be able to stretch it that far. If the ball was thrown by the someone to third and it sails and kills/hurts someone I could see it. But throwing a ball into the stands like he did at full force is not part of his normal duties.

Was the act committed within the time and space limits of the agency? Yes
Was the offense incidental to, or of the same general nature as, the responsibilities the agent is authorized to perform? throwing into the stands id have to say no on this one.
Was the agent motivated to any degree to benefit the principal by committing the act? Not at all.

damon berryhill
07-25-2008, 02:23 AM
I don't think they will be able to stretch it that far. If the ball was thrown by the someone to third and it sails and kills/hurts someone I could see it. But throwing a ball into the stands like he did at full force is not part of his normal duties.

Was the act committed within the time and space limits of the agency? Yes
Was the offense incidental to, or of the same general nature as, the responsibilities the agent is authorized to perform? throwing into the stands id have to say no on this one.
Was the agent motivated to any degree to benefit the principal by committing the act? Not at all.

The point I was trying to get across was becasue they have the deepest pockets, the organization will likely be gone after. Its human nature. Whether it suceeds is a different story. Vicarious liability is imposed for intentional torts only when the act of the employee is within the real or apparent scope of a corporate employer's business. Liability does not arise when the employee acts to accomplish some purpose of his own. If the tort is activated by a purpose to serve the employer, then he is liable. Otherwise he is not. Here I think he was acting for his own purposes, not serving his employer. We agree on that.

damon berryhill
07-25-2008, 02:24 AM
By the way what type of law are you looking at going into?

I am going to be an intern in the Milwaukee County District Attorneys office starting this fall. I would like to work in a DA's office. I enjoy litigation, particularly in criminal. However, we will see who offers me a job too. That could have some bearing on what i do also...:rolleyes::D

ChiCubs54
07-25-2008, 02:26 AM
Wow, that's crazy.

damon berryhill
07-25-2008, 02:30 AM
Funny thing is, I wrote a paper in my Advanced Torts class about tort liability on the field of play, "during the course of play" (athletes to athletes... doing things that are not necessarily regarded as part of the game), based on the whole Albert Haynesworth, Todd Bertuzzi things. Maybe I should have looked into an issue like this, where a fan is hurt by a player not during the course of play.

AlwaysNextYear
07-25-2008, 04:03 AM
Full video right here........all i can say is HOLY *****!!!!!!!!!!!


http://www.youtube.com/watch?v=e36dZAmW8JU

darkfire423
07-25-2008, 06:08 AM
I would just like to take the time to tell everyone that Good seats still remain for the Road to Wrigley game next Tuesday as everyone favorite toughman club the Chiefs take on Kane Country Cougars at Wrigley Field.

redwhitenblue
07-25-2008, 06:15 AM
I am going to be an intern in the Milwaukee County District Attorneys office starting this fall. I would like to work in a DA's office. I enjoy litigation, particularly in criminal. However, we will see who offers me a job too. That could have some bearing on what i do also...:rolleyes::D
I hear Gotham has a new opening

Fritters54
07-25-2008, 08:07 AM
Obviously this Castillo fellow has control issues.

haha... nice... not sure if anyone else caught that.

poodski
07-25-2008, 08:08 AM
Full video right here........all i can say is HOLY *****!!!!!!!!!!!


http://www.youtube.com/watch?v=e36dZAmW8JU

Real shotty camera work. I mean just crap.

But in all reality I would love to be in a brawl like that. Guys just bouncing around waiting to see a guy to pummel. Just a classic. Well done boys.

And I am not gonna lie the first thing I thought of when the guy got hit with the ball was honestly who gets hit in the face with a ball?

Cub_StuckinSTL
07-25-2008, 08:41 AM
Real shotty camera work. I mean just crap.

But in all reality I would love to be in a brawl like that. Guys just bouncing around waiting to see a guy to pummel. Just a classic. Well done boys.

And I am not gonna lie the first thing I thought of when the guy got hit with the ball was honestly who gets hit in the face with a ball?

Poods looking to get into the UFC?

behindmydesk
07-25-2008, 08:53 AM
Real shotty camera work. I mean just crap.

But in all reality I would love to be in a brawl like that. Guys just bouncing around waiting to see a guy to pummel. Just a classic. Well done boys.

And I am not gonna lie the first thing I thought of when the guy got hit with the ball was honestly who gets hit in the face with a ball?


Poods looking to get into the UFC?

Po who the f are you kidding. You have never been in a fight yet alone a brawl. Your glass jaw rear, would get smoked.

Cub_StuckinSTL
07-25-2008, 09:01 AM
Po who the f are you kidding. You have never been in a fight yet alone a brawl. Your glass jaw rear, would get smoked.

:laugh: Thats the response I was waiting for BMD

poodski
07-25-2008, 09:10 AM
:laugh: Thats the response I was waiting for BMD

Well its true I have never been in a fight. I have a glass jaw. My baseball coach told me to quit baseball and be a boxer cuz I have very quick hands (too bad I still couldnt hit, God I was a ****ty hitter and then I tore a ligament in my right thumb I cant grip a ball hard enough to throw any sort of pitch with any accuracy or even velocity any more) but I do have a glass jaw and I have been knocked out many times especially in wrestling.

Regardless it would be ****ing cool to be in like a 50 person brawl for like 5 minutes. That would be awesome.

CubsFanBudMan74
07-25-2008, 09:14 AM
wow just wow

hoosiercub
07-25-2008, 09:55 AM
I can't believe what I just saw. First the WNBA brawl and now this. Unbelievable! I just cannot believe a guy has so little sense to think "ugh throwing a baseball at someone during a fight is genious!" This guy needs to be booted of the team and honestly never allowed back in the game. This isn't as extreme but this reminds me of the Pawtucket Red Sox brawl years ago where the batter drop kicked the catcher and went after the pitcher. Some players are just complete idiots!

Iain
07-25-2008, 10:12 AM
He missed the dugout, that's ridiculous. Still, apparently he got a lot closer than Rich Hill would have.

BDawk4Prez
07-25-2008, 11:37 AM
Were there any notable players involved?

ugotabkdin
07-25-2008, 01:27 PM
I just don't see it being done like that. Athletes are held to a different standard. There are countless examples of this.

Ummmm, REALLY? Maybe teams treat them with kid gloves, but charge an athlete, who harms a fan by an intentional act, in court and see what "higher standard" a jury holds him to. Yeah, right.... you wouldn't hear about such a case, because it would never even get that far.

This guy is on video throwing a professional fastball intending to hurt someone. The guy is toast.

Cullksinikers
07-25-2008, 01:47 PM
I mean brawls aren't good but Castillo, you don't throw a baseball. That's terrible and idiotic. Now he looks like an idiot, sends a fan to the hospital, and faces jail time. He better not be a on the Cubs ever.

damon berryhill
07-25-2008, 01:49 PM
I mean brawls aren't good but Castillo, you don't throw a baseball. That's terrible and idiotic. Now he looks like an idiot, sends a fan to the hospital, and faces jail time. He better not be a on the Cubs ever.

You realize that this is the organization that drafted Christiansen after his on-deck beaning antics, right?

Cullksinikers
07-25-2008, 01:53 PM
You realize that this is the organization that drafted Christiansen after his on-deck beaning antics, right?

What happened there? I forget....was he a pitcher who beaned guys on deck?

EDIT: it didn't seem intentional, or was it. I thonk it was in like the late 90's and it was with his warmup pitches.

windycityD
07-25-2008, 02:03 PM
If memory serves, this is not the first incident with this club, or for that matter, not the first under Ryno's management thereof.

Castillo should be fined and suspended for the rest of the season by the organization. If you have to go off, do it with the mits, not the baseball.

BDawk4Prez
07-25-2008, 02:06 PM
What happened there? I forget....was he a pitcher who beaned guys on deck?

EDIT: it didn't seem intentional, or was it. I thonk it was in like the late 90's and it was with his warmup pitches.

Is there any video on it anywhere, i have looked but can't find any.

CubsFanBudMan74
07-25-2008, 07:28 PM
update...


DAYTON, Ohio -- A minor league pitcher, who was accused of throwing a ball that hit a fan during a bench-clearing brawl, was arraigned Friday on a felonious assault charge via video from the Montgomery County jail and ordered held on $50,000 bond.

Dayton Municipal Judge Carl Henderson also required Peoria Chiefs pitcher Julio Castillo, who is from the Dominican Republic, to surrender his passport.

"This charge is a result of outlandish and inexcusable conduct by a professional baseball player," Montgomery County Prosecutor Mathias Heck Jr. said in a statement.




Through an interpreter, Castillo said he's been in the United States for a month and living with teammates in Peoria

linkage (Through an interpreter, Castillo said he's been in the United States for a month and living with teammates in Peoria)

hes here a month and is already ****ed

CubsFanBudMan74
07-25-2008, 08:02 PM
also from cubs site under tidbits


The Cubs expect the Midwest League to issue penalties either Saturday or early next week regarding the fracas between the Class A Peoria and Dayton teams that occurred Thursday night. "We'll make sure the punishments fit the crime," Cubs player development director Oneri Fleita said. "These things are not condoned by the organization." Fifteen ejections were issued after the incident. Pitcher Julio Castillo, who threw a pitch at the dugout and hit a fan, was demoted to the Cubs' Arizona rookie team

damon berryhill
07-26-2008, 01:59 AM
What happened there? I forget....was he a pitcher who beaned guys on deck?

EDIT: it didn't seem intentional, or was it. I thonk it was in like the late 90's and it was with his warmup pitches.

http://findarticles.com/p/articles/mi_m1208/is_27_223/ai_55198802

I'm not entirely convinced that it was unintentional. Sounds like a brushback gone wrong to me.

thisizdayear
07-26-2008, 02:30 AM
hey, josh hamilton had all of his drug problems, and he came back to be one of the best players in baseball. watch this guy come back and be the best pitcher in a few years

damon berryhill
07-26-2008, 02:57 AM
hey, josh hamilton had all of his drug problems, and he came back to be one of the best players in baseball. watch this guy come back and be the best pitcher in a few years

Hurting yourself is one thing. John Locke is fine with that under the "harm theory." Hurt someone else, and you are talking a whole different ball game. Josh Hamilton just had to overcome his own demons. Castillo now has to deal not only with his demons, but also the rammifications of civil liability, jail time, and possible revocation of his visa and deportation.

Moreover, I do not see how criminal issues are correlated with comeback stories of glory and dominance in the majors. If that were true, Brett Myers and Julio Lugo would be superstars because they beat their wives, Daryl Strawberry should have had his best years ahead of him after his coke problems started, Spezio would be on the path to the hall of fame after his issues with the cards, etc. Josh Hamilton made his comeback because he was a man of character and addressed his problems. I am not saying that Castillo is not or cannot have a good character... however, he is a long way from that judging from his actions on the field during this brawl.

CubsGirl
07-26-2008, 03:08 AM
Regardless it would be ****ing cool to be in like a 50 person brawl for like 5 minutes. That would be awesome.

I believe they call those "a mosh pit."

Cubstradamus
07-26-2008, 09:48 PM
One of the few times I don't mind seeing someone sue a player

You don't throw that baseball

Period

CubsGirl
07-26-2008, 09:51 PM
I just got a chance to watch the video of the brawl last night.

I am so ashamed to know that a member of our club did that.

Buckwheat
07-27-2008, 09:33 AM
I just got a chance to watch the video of the brawl last night.

I am so ashamed to know that a member of our club did that.

Lou probably got a little horny from it..

In fact, the guy might get called up today..