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Teen guilty in rugby death
Bob Mitchell
Staff Reporter

A Mississauga high school student was found guilty of manslaughter today in the death of a rival player during a rugby game.
The teen, now 18, was visibly upset – as were family members – after Justice Bruce Duncan rendered his decision in a Brampton courtroom. His mother hugged him as he sat forlorn, his head down, at a table at the front of the packed Brampton courtroom.
Justice Bruce Duncan decided his actions that day caused the death of Manny Castillo. The accused pleaded not guilty to manslaughter. He will be sentenced at a later date.
In rendering his decision, Justice Duncan rejected the defendant's self-defence claim that he only pushed Castillo to the ground to get out of a choking headlock during the game on May 9, 2007.
"The defendant intentionally applied force that was outside the rules of the game or any standard by which the game is played," Duncan said. "Manny did not explicitly consent to that force. "I'm satisfied beyond any doubt no consent can be implied. "There was no justification in self defence. Accordingly, the defendant committed an assault, an unlawful act. That unlawful act caused death. The defendant is therefore guilty of manslaughter."
Defence lawyers Lisa White and Calvin Barry had suggested Castillo knew he was playing in a physical game and that he accepted the dangers of the contact sport when he entered the field to play for his Lorne Park team that tragic day. But Duncan rejected her assertion. He described what the defendant did as being a "sucker tackle" and said at its "highest" it was done out of retaliation, not self defence.
Castillo died from a serious head injury a few days after the incident. Crown prosecutor John Raftery said during the two-week trial that the accused, a major junior player with an Ontario Hockey League team, committed manslaughter when he lifted Castillo into the air, his feet facing upwards, and drove him head first into the ground. For now, the identity of the accused is protected by Canada's Youth Criminal Justice Act. The Crown has said it intends to seek an adult sentence, opening the door to his name being published.
Raftery insisted in his closing remarks that the deadly move was separate and away from the normal play on the field and the ball was nowhere near them. Following the critical play, Castillo lay motionless, and was dying from severe head and spinal cord injuries. During the trial, various witnesses – including players, coaches, the referee, parents and rugby experts – gave conflicting accounts of what they saw. Some said they saw Castillo put the defendant into a headlock and others didn't. Some said the play had already stopped at the time and others didn't. Some witnesses saw Castillo driven to the ground, others said they say him fall gently over the shoulder of the accused.
As for the convicted teen, he testified that he fell on top of Castillo when he wrestled his way out of a headlock. He said he had panicked because he couldn't breathe and denied intentionally hurting the opposing player. He said he was unaware Castillo was injured when they both fell to the ground.