Former T-ball coach gets bail
Former T-ball coach Mark Downs Jr. of Bittner was granted bail Thursday morning and his attorney, who is appealing Downs’ one- to six-year prison sentence, said bail would be posted and he would be released in the afternoon. Fayette County Common Pleas Court Judge Ralph C. Warman, who sentenced Downs two weeks ago after presiding over his jury trial in September, set bail at $30,000.
District Attorney Nancy D. Vernon did not object to setting bail or the amount.
Downs, 29, was convicted of conspiracy to commit simple assault and corruption of minors charges that state police filed after he offered an 8-year-old player $25 to bean an autistic 9-year-old teammate with a baseball so he couldn’t play in a R.W. Clark Youth League playoff game at Oliver Field in North Union Township in June 2005.
He offered Keith Reese Jr. the money to hit Harry Bowers Jr. with a ball to prevent him from playing. Reese threw two balls, striking Bowers in the groin and ear, and Bowers did not play.
Attorney Nicholas Timperio, who is representing Downs in an appeal of the verdict, but was not his trial lawyer, said he will request in motions court today to have the appeal directly filed in state Superior Court.
Timperio declined to discuss details of the appeal, but said he intends to pursue “a number of issues in regards to witnesses.”
He called several people, including Downs, to stand in the bail hearing.
Downs said he has jobs with two local contractors and an auto dealership waiting for him if he were released from prison.
He said he would not attempt to flee, contact the victim or harm himself if bail were granted.
He also said lived with his fianc?, a nursing student who is not employed, and their four children.
“I’m proud of the man he grew into,” his mother, Debra Downs, testified on his behalf.
Downs’ next-door neighbor in Bittner testified that Downs was prompt and dependable when he worked for him in his excavation business and that he would rehire Downs if he were released.
A county probation officer who supervised Downs before the trial testified that Downs passed every drug and alcohol test he took, never failed to call or appear when he was required to do so and that she had no problems with him.
Vernon did not cross-examine Downs or any of other the witnesses.
Warman said bail could be posted in cash, realty or surety.
The judge ordered Downs to regularly report to the adult probation office and warned him not to engage in any criminal activity, intimidate or retaliate against the victim or witnesses or leave the state without court permission.