Prosecutors will not charge Pioneer assistant who struck Huron head coach in football brawl
The on-field scene during the brawl following the Huron vs. Pioneer football game on Oct. 12, 2012.
Daniel Brenner | AnnArbor.com
“We have spent countless hours reviewing video, photographs, and written reports regarding this incident,” said Washtenaw County first assistant prosecuting attorney Konrad L. Siller in a denial of charges statement, dated Monday, Nov. 19. “Based upon that review, I have determined there is insufficient evidence to prove beyond a reasonable doubt that Vincent Wortman (sic) did not act in lawful defense of Pioneer Head Coach Paul Test.”
AnnArbor.com obtained the denial of charges statement Tuesday through a Freedom of Information Act Request.
Gildersleeve and Test were involved in a heated verbal exchange during the postgame handshake during which -- according to the MHSAA’s official referee’s report, and Wortmann and Test’s account -- Gildersleeve pushed Test. This is in conflict with accounts given by Gildersleeve and Huron athletic director Dottie Davis of the events.
The denial of charges doesn’t shed light on whether there was pushing, but states it’s reasonable to believe that Wortmann believed Test was in danger and used a minimal amount of force to remove the threat. Wortmann was fired for his actions by Ann Arbor Public Schools.
“Wortman’s use of force was limited to a shove or push rather than a punch or kick. Moreover, there is no evidence that Wortman pushed or shoved Coach Gildersleeve more than once,” Siller’s statement reads. “The available evidence indicates Wortman’s limited use of force was the kind of force that was appropriate and necessary to protect Coach Test.”
Wortmann’s actions were evaluated in light of Criminal Jury instruction 7.22, use of non-deadly force in self defense or defense of others, which grants leeway for the use of force in consideration of certain circumstances including how the circumstance appeared to Wortmann.
In an email to Pioneer athletic director Eve Claar the morning after the brawl, Wortmann stated that he feared for Test’s safety, and that his fears were exacerbated by the fact that Gildersleeve is considerably larger and younger than Test.
Wortmann declined to comment when reached by AnnArbor.com on Tuesday.
Siller’s statement said the fact that the official referee’s report portrayed Gildersleeve as being visibly demonstrative toward Test and the fact that Gildersleeve is larger and younger than Test were taken into account.
Davis reported that contact was made with her during the melee and that she believed it was Wortmann who was responsible, though she stated she did not see who contacted her. The denial of charges saw the contact as insufficient to warrant charges as well.
"Furthermore, Wortman's use of force did not continue for a period of time beyond what was necessary to protect Coach Test," Siller's statement reads. ”It appears that any contact Wortman possibly made with Athletic Director Davis was unintentional as his use of force was intended for Coach Gildersleeve,”
Charges are pending against other individuals involved in the incident.
- Click here to download a PDF file of the denial of charges statement.
Pete Cunningham covers sports for AnnArbor.com. he can be reached at petercunningham@annarbor.com. Follow him on Twitter @petcunningham.
Comments
leonard
Fri, Nov 23, 2012 : 9:34 p.m.
Tesy and Glenie need to go and hand the team over to barberie.
snapshot
Thu, Nov 22, 2012 : 12:25 a.m.
Sounds like a well investigated decision.
Doug
Wed, Nov 21, 2012 : 10:18 p.m.
Good decision!
15crown00
Wed, Nov 21, 2012 : 6:30 p.m.
don't like the smell of this fish
Piledriver
Wed, Nov 21, 2012 : 6:15 p.m.
Going to a Huron Football game is like going to a funeral. It is sad somber event. There are no cheerleaders and very little school spirit. The team saunters out onto the field with little or no emotion, as if they're defeated before the game even starts. The entire program has needed an overhaul for quite some time. I hope they bring in an experienced new head coach who can dedicate himself to the program full time and instill some pride and dignity back into the program. It is going to take the full support of the parents, athletic department, students, administration and sponsors to turn things around. With a 0-9 record and other losing seasons, it is hard to attract talented football players to the school. It's going to take a little time. I say enough discussion and reporting on this unfortunate brawl and lets move forward. There were deeper problems with the program other than the players not spending 40-hours in the weight room every week as was alluded to by the former head coach at the end of season banquet. Like Rich Rod, I guess nothing was his fault.
AlwaysLate
Wed, Nov 21, 2012 : 5:51 p.m.
So, now that Wortman has been vindicated and won't be charged...will he get his job back?
G-Man
Wed, Nov 21, 2012 : 3:51 p.m.
What about a hockey game! Is it not assault and battery when a player starts wailing on another? It's ok in hockey to beat up another guy, but don't get caught pushing on the football field.....!
G-Man
Wed, Nov 21, 2012 : 3:49 p.m.
Your Coach pushed my Coach........ I'm mad....... At least they didn't start shooting! I suggest have an arm wrestling contest to settle it once and for all!
dsponini
Wed, Nov 21, 2012 : 2:57 p.m.
So sad that Pioneer my alma matter will have this black eye forever. If that Pioneer guy threw the first punch...charge him accordingly.
Silly Sally
Wed, Nov 21, 2012 : 11:38 a.m.
Leave the Pioneer coach alone, he was just caught up in the heat of the moment, reacting to a push by the Huron coach. That does not belong in any courthouse. I now question his firing. The boy swinging his crutch and the boy who kicked the Huron player in the face should be facing some charges in Juvenile Court. A metal pole against someone's head. is intended to cause great bodily harm. The Huron player will have a nasty scar for life on his face. This Pioneer player knew what he was doing. Most Midwest boys learn not to kick someone in the face by kindergarten ,except at Pioneer. For that matter, most American boys. If these two boys go unpunished, what will their next dirty deeds be? Their parents have failed them, so now it is time for society to step in and stop them before they get worse.
leonard
Fri, Nov 23, 2012 : 9:33 p.m.
They have gone unpunished, they did not even sit out the next game for the suspension.It was number 3 who kicked the boy in the head and laughed about at practice the following week I know this to be true.
Steve
Wed, Nov 21, 2012 : 4:44 a.m.
I wasn't at this game so I didn't see what happened, but it sounds like a bunch of shoving from here and there and your going to pursue legal charges? Really? You have so little going on that you are going to charge this guy and pursue a court case? Oh, that's right Michigan prison's are pretty much run by corporations these days so we got to keep pushing people into prison to keep the bottom line flush. What a waste of time and resources.
Steve
Wed, Nov 21, 2012 : 4:47 a.m.
right, so I misread the headline. They are not charging the guy. That's good. Let's leave the legal stuff for real crimes.
chapmaja
Wed, Nov 21, 2012 : 3:57 a.m.
What about charges filed against the student who was supposedly swinging his crutch as a weapon during the fight. That, more than anything else deserves a criminal complaint. As for the Huron Coach and AD in this. I think it is time for the AAPS to take a serious look into the Huron Athletic Department. This is not the first issue they have had, and I don't think it will be the last. The overall athletic department has struggled both on the field and off overall under her leadership. There is a huge difference between the AD's at Pioneer and Huron. The Athletic leadership at Pioneer has always been one of the best of dealt with. Huron's on the other hand, not one of the better ones I've dealt with. Maybe it is time for a change of leadership at Huron.
Silly Sally
Wed, Nov 21, 2012 : 1:20 p.m.
Oops, I should have said "Master Hoodie" since he is still a boy with a lot of maturing and growing up to do to become a man. His behavior was that of someone half his age.
Silly Sally
Wed, Nov 21, 2012 : 1:18 p.m.
@Thoughtful - How do you know that the Pioneer player "pulled his hoodie up over his head" Were you that close, or, have you seen a video? Still, I'd bet it was the injured player, or that player can answer who took his crutch from him and then returned it to him a few minutes later. The police should be involved since they are trained to ask such questions before mr. hoodie has a chance to invent fake answers.
Thoughtful
Wed, Nov 21, 2012 : 12:06 p.m.
There's a lack of athletic leadership when pioneer players intentionally act to hurt. The kid who swung the crutch wasn't stupid- he pulled up his hoody over his head and face before he swung the crutch, then dropped it back down. Intentional bodily harm. Oh, and Test IS responsible for his players actions until they leave the school grounds. Maybe it's time to overhaul all of the leadership at Pioneer and Huron.
Silly Sally
Wed, Nov 21, 2012 : 11:26 a.m.
This student was not "supposedly swinging his crutch". I was there and I saw the crutch high in the air with the bottom of in in the 12:00 position and then come downwards. That student is either incredibly stupid or intended to cause great bodily harm. A metal pole against someone's head. That person, and if he can be determined, the boy who kicked the Huron player in the face should be facing some charges in Juvenal Court. The Huron player will have a nasty scar for life on his face. This Pioneer player knew what he was doing. Most Midwest boys learn not to kick someone in the face by kindergarten , except at Pioneer. For that matter, most American boys Leave the Pioneer coach alone, he was just caught up in the heat of the moment, reacting to a push by the Huron coach. That does not belong in any courthouse.
PineyWoodsGuy
Wed, Nov 21, 2012 : 3:32 a.m.
I wish yins "sports fans" could get worked-up when a Real Assault occurs on the streets of Ann Arbor. The whole thing was a "Temptest in a Teapot." (A small event that has been exaggerated out of proportion. Cicero, in the first century BC, in his De Legibus, used a similar phrase in Latin: "Gratidius excitabat fluctus in simpulo, ut dicatur", translated: "Gratidius raised a tempest in a ladle, as the saying is." In the early 3rd century AD, Athenaeus, in the Deipnosophistae, has Dorion ridiculing the description of a tempest in the Nautilus of Timotheus by saying that he had seen a more formidable storm in a boiling saucepan). The Posse on this board are a bunch of Littleheads . . .
Silly Sally
Wed, Nov 21, 2012 : 11:45 a.m.
What do you call the cut on the face to the Huron player. If that had happened to you, big boy, what would you be saying? I'd bet you would be crying for blood, police, courts...mommy? Being serious, what happened to that player is no laughing matter, the boy did it was not a preschooler and therefore knew better. He needs to learn that there consequences for one's bad actions. I'd hate to see him with a little beer in him at a frat party in a couple of years. If he is college material.
Brad
Wed, Nov 21, 2012 : 2:26 a.m.
Sounds like further confirmation of some sort of physical contact. What was the AD watching?
EyeHeartA2
Wed, Nov 21, 2012 : 2:09 a.m.
The only way this could get more press is if the gang at Camp Take Notice joined in the melee and a piece of public art was used in lieu of the crutch.
jpud
Wed, Nov 21, 2012 : 2:36 a.m.
There is a difference between this brawl and public art. The public art is a better use of public funds.
kms
Wed, Nov 21, 2012 : 12:49 a.m.
I wonder if Gildersleeve will go forward with his suit against Wortman. Gildersleeve also plans to file a defamation of character lawsuit. Things would look a lot better for him if he just took responsibility for his behavior instead of blaming others for defaming him. He lost his cool in a major way against an arch-rival. Huron lost every game of the season. Did Gildersleeve expect all the other teams to take a knee in the 4th quarter or just Pioneer?
Jimmyc
Wed, Nov 21, 2012 : 2:06 a.m.
Wow. I'd like to say I'm surprised but I'm not. He really is a piece of work and I do not think he should be teaching any more.
Terry Star21
Wed, Nov 21, 2012 : 12:36 a.m.
"Davis reported that contact was made with her during the melee and that she believed it was Wortmann who was responsible, though she stated she did not see who contacted her". Then it must be considered very possible she missed her coach pushing Paul Test (as she claims did not happen). With this information, from law officials, the A2 Schools should give Mr. Wortmann his coaching job back. It appears from their summary, the single shove was in protection of his coach - much as a parent would do for their child. I sincerely hope we get a complete investigation and conclusion on this whole incident.
The Watchman
Wed, Nov 21, 2012 : 12:49 a.m.
Much as a parent would do for a child? Terry you are delusional here. Because charges were not authorized not not mean the actions should be condoned.
A2Pio
Wed, Nov 21, 2012 : 12:19 a.m.
I am a Pioneer parent, but I was not at this football game. The thing that I find interesting, which should be noted, is that Mr. Siller is a Pioneer parent himself. No conflict of interest in this case?
A2Pio
Wed, Nov 21, 2012 : 3:33 a.m.
Full disclosure. That was my point, Terry.
Terry Star21
Wed, Nov 21, 2012 : 12:43 a.m.
U R Dillusional.....
kms
Wed, Nov 21, 2012 : 12:43 a.m.
If Siller had a kid playing football at Pioneer, maybe a conflict of interest.
The Watchman
Wed, Nov 21, 2012 : 12:13 a.m.
So Wortmann used a preemptive strike to ward off a possible attack against a larger, more agile younger man to defend his boss. I have to remember that one. Why yes Washtenaw County first assistant prosecuting attorney Konrad L. Siller I did strike the younger faster big guy because I thought he was going to hit me. Think it will work?
Terry Star21
Wed, Nov 21, 2012 : 12:41 a.m.
Won't work, the " the younger faster big guy" had already pushed the other coach. And BTW it was a push - "Wortmann's use of force was limited to a shove or push rather than a punch or kick..." (prosecution).