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Youth coach convicted in autistic player's beaning

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'Breach of sportsmanlike conduct'

Youth coach convicted in autistic player's beaning

Posted: Thursday September 14, 2006 9:35PM; Updated: Thursday

September 14, 2006 9:41PM

UNIONTOWN, Pa. (AP) -- A baseball coach accused of offering an 8-

year-old money to bean an autistic teammate so he couldn't play was

convicted Thursday of two lesser charges against him, and evaded

more serious charges.

A jury convicted 29-year-old Mark R. Downs Jr. of corruption of

minors and criminal solicitation to commit simple assault, Fayette

County authorities said.

Downs was acquitted of criminal solicitation to commit aggravated

assault, and jurors said they were deadlocked on a charge of

reckless endangerment. The judge declared a mistrial on the

endangerment charge.

Authorities said Downs offered to pay one of his players $25 to hit

a 9-year-old autistic teammate with a ball while warming up before a

June 2005 playoff game.

The verdict means the jury believed that Downs asked his player to

hurt his teammate, but that the jury did not feel that the autistic

boy -- who suffered bruises and an infected ear -- suffered " serious

bodily injury, " District Attorney Vernon said. Aggravated

assault and reckless endangerment both require authorities to prove

that serious bodily injury occurred or was intended to occur.

" Certainly, the bruising on the ear fortunately did not amount to

serious bodily injury, " Vernon said. " That's what [the verdict]

boiled down to. It vindicates the fact the little boys, the jury

believed they were telling the truth. "

Downs took the stand and denied offering to pay Reese Jr. to

hurt Harry Bowers, his mildly autistic and mildly retarded teammate.

Earlier in the trial, Reese testified about Downs' offer, saying he

purposely threw a ball that hit Bowers in the groin, then threw

another ball that hit him in the ear on Downs' instructions. Bowers

also testified about being hit by the balls Reese threw during

pregame warmups.

Reese's father, Sr., testified that Downs acknowledged after

the game that he did something " ignorant " and confessed to the deed.

When Downs called the elder Reese a liar during his testimony

Wednesday, Reese shouted back " You're a liar, " prompting the judge

to restore order.

Jury forewoman Michele Lynn, a 28-year-old medical office manager,

said the jury believed that Downs told his player to harm his

teammate, but they didn't believe his injuries were serious enough

to warrant the aggravated assault and reckless endangerment charges.

" I myself didn't believe he caused any serious bodily harm, " Lynn

said.

The jury didn't believe Downs, in part, because doing so would have

required them to believe that all the prosecution witnesses,

including the two boys, were lying.

" His whole demeanor was flat, he was inexpressive, " Lynn said of

Downs. " That led me to believe he was not telling the truth. He

would corrupt any young children's morals. "

Downs, the boys, and their families left the courtroom without

commenting, but Downs' attorney, Shaffer, promised to appeal.

Shaffer said he believes Judge Ralph Warman erred by not letting him

call a witness who would have testified that Reese's stepmother

called the whole incident " a misunderstanding. "

" In reality, the truth did not come out, " Shaffer said.

The maximum sentence for the Downs' crimes is five years in prison,

but under Pennsylvania sentencing guidelines he likely faces only

probation when he's sentenced Oct. 12 because he is not known to

have a criminal record. Vernon said she will not argue for a

particular sentence, leaving the matter entirely to the judge's

discretion.

" This is a serious breach of sportsmanlike conduct, " Vernon said.

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