By John T. Wendt
Game Four of the World Series bottom of the first inning featured a seemingly innocuous play. Yankees second baseman Gleyber Torres hit a foul ball down the right field line well in front of the foul ball pole. Mookie Betts, Los Angeles Dodgers outfielder, reached over the wall and made the catch. But then two Yankee fans Austin Capobianco and John Peter interfered with Betts. Video showed Capobianco forcefully trying to twist and pry the ball from Betts’ glove while Peter grabbed Bett’s non-glove hand until Bett’s dropped the ball. Right-field umpire Mark Carlson called Gleyber out due to fan interference[1] and Capobianco and Peter were ejected from the game and escorted from the stadium. Video showed that at the moment Betts was visibly frustrated, but later downplayed the incident saying, “When it comes to the person in play, it doesn’t matter…We lost. It’s irrelevant. I’m fine. He’s fine. Everything’s cool.”[2]
Yankees manager Aaron Boone gave a blunt answer, “They shouldn’t be here…”[3] When asked if Capobianco and Peter should be banned for life Boone said, “I don’t know about that, but what happened last night is not OK…Every now and then, you get the close heckler that draws a comment…With our team, we try not to get involved in that. But guys get emotional sometimes and things happen. Certainly, some people cross the line occasionally in the stands. We try not to engage.”[4] Tommy Edman, the Dodgers shortstop said, “That looked ridiculous from my perspective. The guy was trying to yank his glove off, pulling at his wrist. Looked like he got ejected, and I’m glad he did. I’ve never seen anything like that. That was unacceptable.”[5] Even other major league players expressed their concern. When asked about the incident Kansas City outfielder Tommy Pham said, “Buddy touching me would be a problem. Keep your hands to yourself.”[6] Tony Clark, Executive Director of the Major League Baseball Players Association, encouraged MLB to ban the two for Game Five and said, “The MLBPA takes Player safety and security very seriously, including and especially at the ballpark. As with every incident at the ballpark that affects Players, we have been in regular contact with League security officials since last night’s incident and will be closely tracking both the response to that incident and the protective measures taken going forward, beginning tonight.”[7]
Video also showed the pair high-fiving other Yankees fans as Capobianco and Peter were escorted out of the stadium for interfering with play. While it initially appeared that the pair, as season ticket holders, would be back for Game 5, the Yankees later announced that they were not be permitted to attend Game Five in any capacity. The Yankees donated the tickets to Calvin Young, a pediatric cancer patient and his family. Capobianco initially realized the errors of his ways saying, “I know when I’m in the wrong and as soon as I did it, I was like, ‘Boys I’m out of here.”[8] He also told ESPN that “We’re hoping for a short-term ban…We don’t want to lose the season tickets…”[9] He also said that he received a refund for the Game Five tickets, but that he would be arrested if he tried to attend Game Five. Capobianco said that he and Peter had actually planned for such an occurrence and showed no remorse saying, “I patrol that wall and they know that…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.”[10] His comments show that their actions were deliberate and intentional.
Some actually celebrated their actions. The ever articulate longtime New England Patriots tight end Rob Gronkowski stated that he knew Capobianco, “That guy right there grabbing Mookie Betts’ glove was my friend in college. He was on the ice hockey team, the club Arizona Wildcats ice hockey team, and let me tell you the whole hockey team was absolute maniacs. It was indescribable just how wild these guys … animals…Him doing that represents him very well. I mean, he is all in for his teams. He is all in for the Yankees. I remember him talking about the Yankees all the time, about how he loves them so much, and that describes him perfectly, just doing whatever it takes to help his team out. He is a beauty. He is a beauty. And I just want to say congratulations for shining when your moment came.”[11] One has to wonder if Gronkowski’s response would be the same if a spectator attacked him when he was playing.
In a statement the Yankees said, “Last night two fans were ejected from Yankee Stadium for egregious and unacceptable physical contact with Dodgers outfielder Mookie Betts. The safety and security of players, fans and Stadium staff is the foundational element of every event held at Yankee Stadium, and it cannot be compromised. Tonight marks the final home game of year, and we want every ounce of our fans’ passion on display. Yankee Stadium is known for its energy and intensity, however the exuberance of supporting one’s team can never cross the line into intentionally putting players at physical risk. The Yankees and Major League Baseball maintain a zero-tolerance policy toward the type of behavior displayed last night. These fans will not be permitted to attend tonight’s game in any capacity.”[12]
Yankee outfielder Alex Verdugo simply attributed the incident to the “passion” of New York fans. “Maybe one of the more extreme [ones], kinda trying to rip a ball out. But at the same time, that’s kind of New York, I feel like that’s what you expect here … You expect some unique things. At the end of the day, I didn’t feel it was too serious.”[13] Asked if the fans should be banned, Verdugo said, “It is what it is…I wouldn’t have any problem if they were here today or if they weren’t.”[14]
Verdugo’s comments are relevant because on July 18, 2021, when Verdugo was playing for the Red Sox in Yankee Stadium he tossed a ball into the stands between innings and a fan later threw it back at Verdugo hitting Verdugo in the back. Security identified the fan, who was then ejected from the game and given a lifetime ban by the Yankees and MLB. Verdugo said, “There’s no reason to ever throw stuff back on the field, ever.. There really isn’t. As fans, bro, y’all gotta be better. It’s just that simple. I don’t care how much you hate a team or how much of a rivalry [there] is, you don’t throw s–t at people, man.”[15] At the time the Yankees said, “While the Yankees appreciate the spirit and passion of our fans in our various rivalries—especially with the Red Sox—reckless, disorderly and dangerous behavior that puts the safety of players, field staff or fellow fans in jeopardy will not be tolerated. There is absolutely no place for it at Yankee Stadium. The safety of everyone at Yankee Stadium, including guests in the stands and players on the field, will always be the top priority for the Yankees organization every time we open our doors.”[16]
There have been recent cases in MLB where fans have been banned. In 2021, the Yankees banned New York fan KP Watershed for continually sneaking into and sitting in the ultra-premium Legends area where prices can range from $600 to $6000. The Yankees wanted Watershed to pay full price for every seat that he snuck into the area. Watershed ultimately pleaded guilty to disorderly conduct and paid restitution in an amount of over five figures to the Yankees.[17]
In 2022, during Game 2 of the ALCS Houston Astros fan Jose Angel Alvarado got overly excited and ran on to the field to get a selfie with his hero Jose Altuve. Alvarado was charged with misdemeanor criminal trespass and was indefinitely banned from all MLB stadiums, offices, and other facilities. Alvarado sadly said, “It’s not worth it at the end, especially if you have kids. I have my kids and I can’t even take them to the stadium now to watch the games together and experience them as a family…It’s not worth it at the end of the day. I wouldn’t recommend anybody doing it.”[18]
But the actions of Capobianco and Peter were not those of an excited teenage kid reaching for a stray ball or even an excited fan trying to get a selfie. They intentionally and deliberately grabbed and twisted the arms and hands of Mookie Betts. That can be considered assault or attempted assault in the third degree under NY Penal Law 120.00. “A person is guilty of assault in the third degree when: 1. With intent to cause physical injury to another person, he causes such injury to such person or to a third person; or 2. He recklessly causes physical injury to another person; or 3. With criminal negligence, he causes physical injury to another person by means of a deadly weapon or a dangerous instrument.”[19]
This was deliberate and intentional, crossing a boundary that should not be crossed. It was also planned and dangerous. The field of play has to be safe, and these “fans” should be banned for life.
[1] Major League Baseball, Rules, (2023), https://www.mlb.com/glossary/rules (last visited Nov 3, 2024). Rule 6.01 (e) Spectator Interference “When there is spectator interference with any thrown or batted ball, the ball shall be dead at the moment of interference and the umpire shall impose such penalties as in his opinion will nullify the act of interference.”
[2] Jesse Rogers, Two Fans Ejected for Prying Ball from Betts’ Glove, ESPN.com (2024), https://www.espn.com/mlb/story/_/id/42081449/yankee-stadium-fan-ejected-prying-ball-mookie-betts-glove (last visited Oct 30, 2024).
[3] Randy Miller, Yankees Give Banned-Fans’ Game 5 Tickets to N.J. Pediatric Cancer Patient, Family, nj (2024), https://www.nj.com/yankees/2024/10/yankees-give-banned-fans-game-5-tickets-to-pediatric-cancer-patient-family.html (last visited Oct 30, 2024).
[4] Id.
[5] David Adler & Bryan Hoch, Fans Who Interfered Banned from G5, Tickets given to Pediatric Cancer Patient, MLB.com (2024), https://www.mlb.com/news/fans-who-interfered-in-game-4-have-been-banned-by-yankees-for-game-5 (last visited Oct 30, 2024).
[6] The Athletic MLB Staff, What We Learned Watching World Series Games 3-5 with Major Leaguers, The New York Times, Oct. 31, 2024, https://www.nytimes.com/athletic/5886375/2024/10/31/world-series-yankees-dodgers-what-we-learned-games-3-5/ (last visited Nov 3, 2024).
[7] Brendan Kuty & Evan Drellich, Yankees Fans Who Interfered with Mookie Betts Catch Banned from Attending World Series Game 5, The New York Times, Oct. 30, 2024, https://www.nytimes.com/athletic/5885690/2024/10/30/dodgers-yankees-world-series-fans-banned/ (last visited Oct 30, 2024).
[8] Rogers, supra note 2.
[9] Kelsey Dallas, Yankees Fans Who Grabbed Betts Barred from World Series Game 5, (2024), https://www.deseret.com/sports/2024/10/30/yankees-fans-banned-from-world-series/ (last visited Oct 30, 2024).
[10] Steve Gardner & Gabe Lacques, Yankees Fans Banned from Game 5 after “egregious” Mookie Betts Incident, USA TODAY (2024), https://www.usatoday.com/story/sports/mlb/2024/10/30/yankees-fans-ejected-mookie-betts-interference-return-world-series/75937737007/ (last visited Oct 30, 2024).
[11] Steve Overmyer, Yankees Say Fans Thrown out for Interference Will Not Be Allowed Back for World Series Game 5, (2024), https://www.cbsnews.com/newyork/news/yankees-fan-interference-mookie-betts/ (last visited Oct 30, 2024).
[12] Id.
[13] Ryan Phillips, Alex Verdugo Chalks Up Mookie Betts Incident in Game 4 to Passion of Yankees Fans, SI (2024), https://www.si.com/mlb/alex-verdugo-chalks-up-mookie-betts-incident-yankees-passion (last visited Oct 30, 2024).
[14] Id.
[15] Rob Goldberg, Yankees, MLB Ban Fan For Life For Throwing Baseball at Red Sox OF Alex Verdugo, Bleacher Report (2021), https://bleacherreport.com/articles/10008103-yankees-mlb-ban-fan-for-life-for-throwing-baseball-at-red-sox-of-alex-verdugo (last visited Oct 30, 2024). Verdugo was a former Dodger and was traded to the Boston Red Sox in exchange for Betts before the 2020 season.
[16] Id.
[17] Michael Rosenberg, Facial Recognition and Sports: Identifying Fans, Lifetime Bans, (2021), https://www.si.com/more-sports/2021/07/16/fan-ban-facial-recognition-daily-cover (last visited Nov 4, 2024).
[18] Bryce Newberry, Astros Fan Speaks out after Getting Banned by MLB Indefinitely Following Viral In-Field Moment with Jose Altuve, (2022), https://www.click2houston.com/news/local/2022/10/29/only-on-2-astros-fan-speaks-out-after-getting-banned-by-mlb-indefinitely-following-viral-in-field-moment-with-jose-altuve/ (last visited Nov 4, 2024).
[19] The New York State Senate, Section 120.00 Assault in the Third Degree, (2024), https://www.nysenate.gov/legislation/laws/PEN/120.00 (last visited Oct 31, 2024).
