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Lawyer: Coach Of Injured T-Ball Player Wrongly Accused

POSTED: 5:15 pm EDT July 18, 2005

A simple misunderstanding led to inaccurate claims that a Fayette County t-ball coach sought to have an 8-year-old boy injured, according to the coach's attorney.

Mark Downs Jr., 27, of Dunbar, is charged with solicitation to commit aggravated assault. According to state police, he allegedly offered one player money to hit Harry Bowers, an autistic teammate, in the head with a baseball and render him unable to play.

Some witnesses say the act, which happened June 27 at R.W. Clark Field in North Union Township, appeared to be unintentional.

"He had some parents with him that said they seen the boy get hit in the head and they were just warming up for the game and it was an accident," league president Eric Forsythe told Channel 4 Action News on Monday.

The mother of the boy who threw the ball filed the original complaint, alleging that Downs offered to pay her son, Forsythe said.

"Originally, she told me it happened. Then the next night, I called her and she's like, 'I don't know if it happened or not,' so her story changed from 'it definitely happened' to 'maybe,' " Forsythe said.

Bowers' mother acknowledged that the injury was an accident, and she took her son out for ice cream with Downs and the rest of the team after the incident, Forsythe said.

Attorney Thomas Shaffer said Downs never asked anyone to assault Bowers.

Shaffer admits that, in an earlier game, Downs got into an argument with an umpire and jokingly told his players he would offer $25 to someone who could hit the umpire with a line drive.

Downs is free on bond. A preliminary hearing is scheduled for July 28.


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