Yankees’ Fans Could Go To Jail For Interfering With Mookie Betts Catch

In the bottom of the first inning of Game 2 of the National League Division Series, Jurickson Profar reached three rows into the bleachers at Dodger Stadium to rob a home run from Mookie Betts. Dodgers fans did very little to impede Profar's ability to make the catch. This writer subsequently published an castigating said fans for not doing their jobs. In fact, this writer wrote the following:

"...fans do have the right to catch a ball that comes into the stands. Fans are given license to mess with the player diving over the wall. Fans have as much right to the ball as the player, and if that means hitting an arm or knocking a glove off a hand, so be it."

Unfortunately, two Yankees fans may have read those words too literally. But, based on their own words, the prior had no impact on their actions, insofar as they had game-planned this exact situation months if not years in advance.

In the bottom of the first inning of Game 4 of the World Series, Gleyber Torres of the Yankees hit a fly ball down the right field line. Mookie Betts – on the defensive side this time – angled towards the wall and leaped up to make the catch, which he did... temporarily. After making the catch, a Yankee fan named Austin Capobianco reached over the wall, grabbed Betts' glove, and then went about trying to pry the ball out. When this proved too difficult, his buddy, John Peter, grabbed Betts' right wrist in an attempt to stop the Dodgers outfielder from retaining possession of the ball. The ball ultimately flew out of Betts' glove and onto the field just as the right field umpire signaled spectator interference, ruling Torres out.

On the Fox broadcast, Joe Davis gave the fans "an A for effort" after which John Smoltz, the former big leaguer, said, "Well, he won't be watching the game much longer." Davis was wrong and Smoltz was right. The two hooligans were quickly escorted from the ballpark, and, true to form, were treated as heroes by the adoring fans they passed on their way out.

Shortly after their ejection, ESPN's Jesse Rogers caught with the two at a local bar. Rogers quoted Capobianco as saying : "We always joke about the ball in our area. We're not going to go out of our way to attack. If it's in our area, we're going to 'D' up. Someone defends, someone knocks the ball. We talk about it. We're willing to do this."

This was not some snap decision; this was premeditated; they were prepared for just this occurrence. Upon watching the replay a few times, it is clear that the two reprobates are extremely lucky that Betts did not get hurt on the play. The wall was just low enough to allow Betts to stand on his tippy toes as Capobianco held Betts' left arm up and over the wall; and Peters – by virtue of dumb luck – did not injure Betts' right hand, wrist, or arm.

In the aftermath of this play, the Yankees initially stated that the fans would be allowed back for Game 5. That is when MLB stepped in and declared that the two would not be welcome at the game, that they would be refunded the price of the tickets, and that their tickets would instead be given to a 15-year old pediatric cancer patient.

To date, neither Capobianco nor Peter has been charged with anything harsher than public scorn (and one wonders if that scorn would have held had the Yankees also won Game 5 and come back to win the World Series). Many an arm-chair prosecutor, watching the game from the comfort of their living room couch, wondered aloud if criminal charges could or would be in the offing.

According to the website of New York criminal defense attorney Martin D. Kane, in order for someone to be charged with "assault" under the New York penal code, some harm must occur. Without at least significant pain or injury, there can be no charge of "assault," regardless of intent to do so. One may quibble with the statute, but the law is the law. Betts retreated back to the field unharmed – if not a bit irritated – played the rest of Game 4 and ultimately drove in the winning run in Game 5. Suffice it to say, he was not injured.

Without the injury, Capobianco and Peter still may be in violation of New York penal code section 240.26 . According to this statute: "A person is guilty of harassment in the second degree when, with intent to harass, annoy or alarm another person: 1. He or she strikes, shoves, kicks or otherwise subjects such other person to physical contact, or attempts or threatens to do the same[.]"

The two Yankee fans clearly intended to harass and annoy Betts. They most certainly had physical contact with him. A conviction for harassment in the second degree is actually a violation, not a crime, so it would not ultimately appear on a criminal record. However, it can result in up to 15 days in jail and the requirement to perform community service.

One last item of note, related back to this writer's prior and MLB Rule 6.01(e), regarding "Spectator Interference." The official comment to this rule states: "No interference shall be allowed when a fielder reaches over a fence, railing, rope or into a stand to catch a ball. He does so at his own risk."

Immediately after the ball squirted out of Betts' glove, the Yankee fans gestured to the umpires that Betts went into the stands — theoretically, "at his own risk." While a players goes in at his own risk, that does not allow a fan to attempt to rip a glove off a hand, or a ball out of a mitt, or an arm off of a body. But, more importantly, upon review of different replays from various angles, it is clear that Betts did not venture into the stands. Rather, he made the catch on the field side of the wall, and Capobianco actually yanked Betts' arm over the fence, off the field of play. And then he proceeded to hold Betts' arm there for the duration of the offense.

It is up to Darcel D. Clark, District Attorney of the Bronx, to determine whether or not charges will be brought against Messrs. Capobianco and Peter. When contacted, the District Attorney's office did not plan to bring an action. Regardless, the Yankees should ban these two from the ballpark for a period of time. A team spokesman said that it has not been determined what — if any — further action will be taken regarding the future of their tickets. According to an informal poll taken by The Athletic, 62% of respondents voted for a lifetime ban; 18.2% elected a suspension of 1-5 years; 17.4% went with a 1-year prohibition; and 2.4% said no further punishment is necessary.

The Yankees – the team and their fans – often used to speak of the "ghosts of Yankee Stadium." Derek Jeter once said "the ghosts will eventually show up." But that was at Old Yankee Stadium, which was demolished in 2010. The ghosts did not make their way across the street to New Yankee Stadium. Apparently, with the Dodgers celebrating their World Series championship in New York the following night, karma did.