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| Johana Portillo-Lopez, daughter of Ricardo Portillo, who passed away after injuries he sustained after an assault by a soccer player at a soccer game he was refereeing on April 27, becomes emotional as she speaks about her father's death during a press conference in Salt Lake City on Sunday, May 5, 2013. |
SALT LAKE CITY
(AP) -- A Utah teen accused of punching a soccer referee who later
died was charged Wednesday with homicide by assault, a count issued when
an attack unintentionally causes death.
Salt
Lake County District Attorney Sim Gill also said he will seek to try the
teen as an adult in the death of 46-year-old Ricardo Portillo.
The
charge is less serious than manslaughter. It carries a possible
sentence of up to five years in prison for adults, but penalties can be
less for juveniles.
Gill said it became clear in looking at the facts that the teenager's actions didn't amount to murder or manslaughter.
"We
did not believe we could demonstrate the premeditation or intent to
justify those charges," Gill told The Associated Press. "Those other
charges require another type of mental state. We did not believe that
type of mental state was present."
The oldest
of Portillo's three daughters, Johana Portillo, declined comment about
the charges through family spokesman Tony Yapias.
She just wants to let the criminal justice system to run its course, Yapias said.
Johana Portillo, 26, previously said the charge doesn't matter because it won't bring back her father.
Friends
and family spent Wednesday remembering Ricardo Portillo at an afternoon
wake that was to be followed by an evening religious service.
The
17-year-old has been in juvenile detention since April 27 when the
incident occurred at a recreational-league soccer match in a Salt Lake
City suburb.
The teenager, whose name is being
withheld by The Associated Press because he's a minor, turns 18 in
October. His first court appearance has not yet been scheduled.
His attorney, Monica Diaz Greene, was not immediately available for comment.
The
teenager was playing goalie when Portillo called a penalty on him for
pushing an opposing player. The teenager began arguing with Portillo and
then struck him in the head, authorities said.
Charging
documents show witnesses said the teenager threw one punch, hitting
Portillo in the rear jaw area with a closed fist. Another witness said
Portillo was writing notes on his notepad when he was hit.
Portillo
was taken to a hospital in fair condition. Hours later, he went into a
coma. He never regained consciousness and died Saturday.
Police
say hospital staff members told them Portillo had hemorrhaging and a
traumatic brain injury. The medical examiner's autopsy concluded he died
from injuries related to the blow to the head. The death was ruled a
homicide.
The fact that the teenager will soon
turn 18, combined with the seriousness of what happened, led Gill to
push to have him tried as an adult. The chance of the teen's
rehabilitation is minimal, prosecutors said in court documents. A
juvenile court judge will ultimately rule on that request.
Little
is known about the teenager. His coach, James Yapias, has said he was
playing his first game with the team but declined to elaborate any
further about the young man or his family. League president, Mario
Vasquez, said he didn't know the teenager.
Tony
Yapias said Wednesday he knows people want to know more about the
teenager, but urged them to allow the criminal justice system to run its
course.
"We cannot bring Ricardo back no
matter what we try to do," Tony Yapias said. "It's a sad day. We have to
reflect on this - we all have a passion for sports. Hopefully this will
be something we all learn from."
Funeral
services were being held Wednesday in Salt Lake City for Portillo, who
leaves behind three daughters and four grandchildren. At a wake in a
community center, a closed wooden casket was topped with large white
flowers. Two other flower arrangements flanked the casket, with a large
framed picture nearby of him wearing a blue shirt, his arms raised in
victory.
The attendees wore white T-shirts
with a drawing of an orange referee jersey in the middle with the words,
"In loving memory of Ricky" around a soccer ball.
After
the funeral, Portillo's remains will be returned to his hometown of
Guadalajara, Mexico. He moved to Utah from there 17 years ago.
Family
members said Portillo loved soccer, and had been working as a referee
in different leagues for eight years. His oldest daughter, Johana
Portillo, said he had been attacked before by players, even having his
legs and ribs broken. Though his daughters begged him to quit, he said
he couldn't give up his passion.
Portillo was a
longtime referee. But he was not registered by the United States Soccer
Federation or trained, evaluated or supervised by the Utah Soccer
Referee Committee, which oversees those who referee games played by the
Utah Youth Soccer Association.
The incident occurred in a game held by La Liga Continental de Futbol, an unaffiliated soccer league created in 2009.
Tony
Yapias said Ricardo Portillo was well known in the community, and once
said that he would someday be a famous soccer referee.
"How ironic," he said. "What has happened as a result of this is just that."
