Former T-ball coach files appeal over conviction
A filing in Fayette County Court on Friday claimed a judge erred in decisions he made during former T-ball coach Mark Downs Jr.’s criminal trial and called his sentence of one to six years “excessive.” The filing claimed that Judge Ralph C. Warman should have allowed one defense witness to impeach another and allowed testimony about an investigation by the R.W. Clark Youth League board into allegations that Downs offered one player on his T-ball team $25 to bean an autistic player so that he could not participate in a playoff game.
The board found Downs, 29, of Dunbar did nothing wrong. That was not so with state police Trooper Thomas Broadwater, who filed charges against him last year.
Last month, Downs was convicted of conspiracy to commit simple assault and corruption of a minor following a jury trial. Warman sentenced him to six to 36 months on each charge, but ran the sentences consecutively.
Keith Reese Jr. of North Union Township testified that Downs, his coach on the Falcons team, offered him $25 in the parking lot of the Oliver ball field to hit teammate Harry Bowers Jr. with a ball. Reese and Downs warmed up together before the June 27, 2005, game, and Reese hit Bowers with two balls, one in the groin and one in the ear.
Bowers did not play in the game.
Attorney Thomas W. Shaffer, who represented Downs at trial, filed the motion. However, attorney Nicholas Timperio indicated in court Friday that he has been retained to represent Downs in his appeal.
Timperio was in court for a motion Shaffer had filed earlier this week asking that Downs, the father of four and sole supporter of his family, be released on bail while he appeals the verdict.
Warman set a hearing for Thursday to determine if that will happen.