Didn't 'pile drive' victim, teen says

TheStar.com - GTA -

Accused of killing opponent in 2007 rugby game, teenager tells court he only pushed him to ground

May 12, 2009

Bob Mitchell
STAFF REPORTER

A Mississauga teen accused of killing another in a May 9, 2007, high school rugby game denied intentionally hurting Manny Castillo.
The teen, now 18, maintained yesterday he only pushed Castillo to the ground because he was in a headlock.

"I never picked him up," said the teen, testifying in his own defence in a Brampton courtroom.

The accused insisted he fell on top of Castillo during a brief late-game scuffle, a struggle he never started.

Castillo's forearm was locked around his throat, he told his lawyer, Calvin Barry.

"I couldn't breathe ... I was scared ... I panicked," he said. "I tried to get out but I couldn't. I pushed forward with my head and legs."

Castillo, 15, died a few days later in hospital. He became brain dead because of a severe head injury.

Crown prosecutor John Raftery says the teen, then a 16-year-old player with the Erindale team, killed Castillo when he drove him head first into the ground during an illegal tackle after the referee blew his whistle to stop the play and the ball was nowhere near him.

The accused has pleaded not guilty to manslaughter in a judge-alone trial before Justice Bruce Duncan.

For now, the accused's identity is protected by Canada's youth laws. The Crown intends to seek an adult sentence if he is convicted, opening the door to his name being published.

The accused said he and Castillo were pushing each other as part of the normal play. His head was under Castillo's armpit.

"I thought I heard a whistle," he said. "I went to ease up but his arm was around my head and his forearm and wrist were around my throat. I tried to get out but I couldn't.

"It was hard to breathe. I brought my arms around him and pushed forward with my legs.

"I pushed. We both went down. I landed on top of him. We hit ground and I jumped back up."

He denied lifting Castillo over his head in anger and driving him head first into the ground.

He also denied boasting from the sidelines afterwards that he had "pile drived" Castillo "as hard as he could" into the ground.

Various Crown witnesses testified he grabbed Castillo by his waist, lifted him up until his feet were in the air and then drove him head first into the ground.

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