JULY 6, 2000
It is the obligation of the District Attorney to evaluate each case based on its own merits and to examine the individual facts and circumstances. That is what I have done with regard to the charges filed against Gregory Sweeney.
There is no question that a thrown baseball can cause injury under certain circumstances, nor is there any question that baseball is a game rich in tradition observed both by player and fan. One of those traditions is to throw back any home run ball hit into stands by the opposing team. In fact on Sunday after the incident that precipitated Mr. Sweeney's arrest, Javy Lopez of the Atlanta Braves hit a home run into the bleachers which was, in keeping with tradition, immediately returned to the field. No arrest was made -- nor should one have been -- of the fan who threw the Lopez home run ball back onto the field.
In Mr. Sweeney's case, Atlanta Braves' relief pitcher John Rocker, a player who, it is fair to say, has not endeared himself to New York Mets fans -- indeed, to most New Yorkers -- made a brief appearance on the field during the middle of the 7th inning to warm up a Braves' outfielder. Before returning to the bullpen Rocker tossed one ball into the bleachers and threw another into the left field stands. Whether his actions were intended as a peace offering to New York fans or an effort to further incite an already hostile crowd is known only to Mr. Rocker. In any event, while it is not known what happened to the ball thrown into the bleachers, the ball thrown into the left field stands was caught by a New York City Police Department Captain who immediately turned and gave the ball to Mr. Sweeney. With nearly 50,000 accomplices chanting that he follow tradition and throw the ball back, Mr. Sweeney proceeded to do so. He was then taken into custody and charged with reckless endangerment.
The fact that anyone vaguely familiar with the game of baseball would know that Mr. Sweeney's conduct would inevitably follow this chain of events would not, of course, excuse his conduct if it, in fact, was reckless. I have concluded that it was not. No one was hit by the ball thrown by Mr. Sweeney and John Rocker was safely back in the Braves' bullpen when it was thrown back onto the field. While the video tapes do not show precisely where the ball was thrown, a review of the available tapes and witness interviews indicates that no one was seriously placed at risk. It would appear that Mr. Sweeney had no criminal intent and was doing nothing more than following tradition in returning the unsolicited and unwanted souvenir.
Based on the facts and circumstances presented, I decline to prosecute Mr. Sweeney for his actions. No one should, however, draw the conclusion that the throwing of objects onto the field at Shea will be tolerated. The police will make arrests when they deem it appropriate and I will prosecute when I believe that prosecution is justified. I do not believe that it is in this case.
I've called it the way I see it!