By John T. Wendt
Unfortunately, as has been documented in this journal and others, there has been a rise in violence against game officials. In 2015 two John Jay High School (San Antonio, Texas) students Michael Moreno and Victor Rojas notoriously blindsided referee Robert Watts under the direction of one of their coaches, Mack Breed.[36] Most recently, another assault against a game official occurred on December 3, 2020 at a Texas District 31-6A football playoff game between the Edinburg High Bobcats and the Pharr-San Juan-Alamo Early College High School (PSJA High) Bears.
The Edinburg – PSJA game was high paced and a critical moment came when Edinburg 18-year-old senior defensive end Emmanuel Duron charged though the offensive line and hit PSJA freshman quarterback Jaime Lopez as Lopez dropped back to make a pass. Duron was penalized for roughing the passer after the whistle had blown the play dead. Instead of accepting the penalty, Duron had words with referee 58-year-old Fred Garcia resulting in an unsportsmanlike conduct penalty and game ejection. With a game ejection, Duron was required to leave the game and exit the field.
After Garcia explained the penalties to the crowd, the two teams lined up to resume the game. However, as Duron reached the sideline, he immediately pivoted, ran full speed to the middle of the field, and charged full force in football gear into Garcia driving the unsuspecting Garcia down on to his back onto the ground.[37] As order was restored Duron was escorted and removed from the premises by police officers. Garcia left the game and was evaluated for concussion symptoms and a shoulder injury. Edinburg went on to win the game 35-21 and moved onto the Class 6A Division I playoffs.[38]
Duron is a very talented athlete. He has been a three-year starter on the varsity soccer team. In 2018 he was named Football Defensive Newcomer of the Year and to the All-District 31-6A Football Team.[39] Last year he was named District 31-6A Football Defensive Player of the Year.[40] In wrestling as a junior he finished with a record of 44-8. At the State Tournament he had a record of 4-2 and his only losses were to the eventual state champion and to the bronze medalist. He was named The Monitor’s All-Area Boys Wrestler of the Year.[41]
Duron’s wrestling coach Abel Saenz described Duron as quiet but who becomes explosive on the field. Saenz described Duron’s signature move as “a blast double, when he shoots at his opponent and lifts them up by both legs, dropping them hard on their back for a double leg takedown…He drives through. There were many times when he would blast double and they would end up on the next mat.” Saenz also noted that, “He’s already aggressive. In football, he’s moving nonstop (sic) and that helps in wrestling.” [42]
About wrestling Duron said, “All I know is that Coach would tell me to put this guy down on his back…In those early practices, I had no idea what he was telling me, just that I gotta put this guy on his back. That’s what I tried to do.”[43] Duron certainly put referee Garcia on his back at the football game. And unfortunately, this does not appear to be the first controversial incident for Duron. The Monitor news reported that Duron was suspended for the remainder of the 2019-20 soccer season after a similar incident.[44]
The Edinburg Consolidated Independent School District, after initially declining to comment on the incident, decided to remove the football team from postseason playoffs on December 4, 2020, the day immediately following the game. The District issued a written statement, “We extend a sincere apology to the referee and his family. On behalf of the Edinburg CISD Board of Trustees and administration, we apologize to the athletes, staff, and our school community…We will take the appropriate disciplinary action once we understand the facts and circumstances underlining this incident.”[45]
The University Interscholastic League (UIL) governs interschool activities in Texas. The UIL strongly condemned “the unsportsmanlike behavior” in the game and supported Edinburg for “addressing this situation swiftly and taking appropriate action in removing themselves from the playoffs and for dealing with the student involved in the incident.”[46] The Texas Association of Sports Officials (TASO) strongly condemned Duron’s actions as “another vicious and deliberate assault” and noted that “this type of blind‑sided assault on an official while working on the field is not new to Texas Football.” [47]
As for Duron, he was charged with a Class A misdemeanor Assault. [48] Texas Penal Code §22.01 describes assault. A person commits an offense “if the person: (1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person’s spouse; (2) intentionally or knowingly threatens another with imminent bodily injury, including the person’s spouse; or (3) intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.”[49] Under Texas law, if convicted Duron could be facing up to one year in jail, a fine of up to $4,000 or both.
The biggest legal difference between the John Jay incident and the Edinburg incident was that the athletes at John Jay were acting under the direction of their coach exposing the coach and possibly the school to potential liability. According to court documents obtained by the San Antonio Express-News, John Jay assistant coach Mack Breed pleaded guilty to a misdemeanor assault charge, served time on probation, and was fined. One of the players Michael Moreno pleaded guilty to Class A misdemeanor assault, also served time of probation, and was fined. The other student Victor Rojas was a minor, so limited information was available.[50] All three defendants were ordered to pay joint restitution to Watts totaling $4,756.61.[51] Referee Watts also filed a civil suit against the school district and coach Breed.[52]
In Edinburg it appears that Emmanuel Duron, the student-athlete was acting on his own accord. If a case goes to trial the John Jay situation may give a good indication of what is to come legally for Duron in court. However, the lasting impact may come from the video and the court of public opinion. When the video of the two John Jay football players came out, one of the players said, “People [are] talking about [how] we’re criminals and thugs. They just know us by that video.”[53] Unfortunately, this may be the how Emmanuel Duron will be remembered.
John T. Wendt is Professor Emeritus, Ethics and Business Law, University of St. Thomas. He also serves on the Court of Arbitration for Sport (Lausanne).
[36] Julia Jacobo, High School Football Coach Who Told Players to “Take Out” Referee Pleads Guilty to Assault, ABC News (2015), https://abcnews.go.com/US/high-school-football-coach-told-players-referee-pleads/story?id=35766294 (last visited Dec 4, 2020).
[37] Video and analysis can be seen at: KTRK ABC 13 Eyewitness News, Referee attacked by player during high school football game, ABC13 Houston (2020), https://abc13.com/8492906/ (last visited Dec 4, 2020).
[38] Andrew McCulloch, Bittersweet: Bobcats beat Bears for 6A playoff berth, lose star defender (2020), https://www.themonitor.com/2020/12/03/bittersweet-bobcats-beat-bears-6a-playoff-berth-lose-star-defender/ (last visited Dec 4, 2020).
[39] TXHSFB Gameday, 2018 All-District 31-6A Team (2018), https://txhsfbgameday.com/all-district-teams/2018-all-district-31-6a-team/ (last visited Dec 4, 2020).
[40] PigskinPrep.com, 2019 31-6A Football All District (2020), http://www.pigskinprep.com/archive/2019ad/2019alldist6A31.pdf.
[41] Henry Miller, The Monitor’s All-Area Boys Wrestler of the Year (2020), https://rgvsports.com/news/85923/the-monitors-all-area-boys-wrestler-of-the-year/ (last visited Dec 4, 2020).
[42] Id.
[43] Id.
[44] McCulloch, supra note 3.
[45] Andrew McCulloch, Edinburg High forfeits playoff spot to PSJA High following ugly on-field incident, The Monitor (2020), https://www.themonitor.com/2020/12/04/edinburg-high-forfeits-playoff-spot-psja-high-following-ugly-field-incident/ (last visited Dec 4, 2020).
[46] Id.
[47] Texas Association of Sports Officials, ****FOR IMMEDIATE RELEASE**** | Texas Association of Sports Officials, The Lakes at Centerra (2020), https://taso.org/news/baseball/for-immediate-release/ (last visited Dec 4, 2020).
[48] Valerie Gonzalez, Edinburg High football player who attacked referee charged with assault, The Monitor (2020), https://www.themonitor.com/2020/12/04/edinburg-high-football-player-attacked-referee-charged-assault/ (last visited Dec 4, 2020).
[49] Texas Statutes, Penal Code Chapter 22. Assaultive Offenses (2020), https://statutes.capitol.texas.gov/Docs/PE/htm/PE.22.htm (last visited Dec 4, 2020).
[50] Adam Zuvanich, H.S. football; A year after referee hit, questions linger, San Antonio Express-News, October 30, 2016, https://www.expressnews.com/sports/high_school/high_school_football/article/Year-after-the-play-Catching-up-with-key-players-10420854.php (last visited Dec 5, 2020).
[51] Adam Zuvanich, H.S. football; Second chance; Two years after attacking ref, Jay linebacker returns to field, San Antonio Express-News, September 3, 2017, https://www.expressnews.com/sports/high_school/high_school_football/article/2-years-later-player-who-attacked-ref-returns-to-12170040.php.
[52] Robert Watts v. Northside Indep. School Dist., et al., 2018 WL 2187446, W.D.Tex., May 10, 2018, Appeal Dismissed by Watts v. Northside Independent School District 2018 WL 7501253, 5th Cir.(Tex.), Oct. 02, 2018
[53] ABC News, Texas HS football players say coach told them to hit referee, ABC News (2015), https://abcnews.go.com/Sports/texas-hs-football-players-coach-told-hit-referee/story?id=33862917 (last visited Dec 4, 2020).
