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Old Fri Jan 11, 2002, 10:16pm
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By Denise LaVoie
Associated Press Writer
Friday, January 11, 2002; 6:12 PM


CAMBRIDGE, Mass. – A 44-year-old truck driver was convicted of involuntary manslaughter Friday for beating another man to death at their sons' hockey practice in a case that seemed to epitomize the worst in parental fervor over youth sports.

Thomas Junta claimed he killed Michael Costin, 40, in self-defense after they argued over rough play during the practice on July 5, 2000.

Junta faces up to 20 years in prison when he is sentenced Jan. 25, but guidelines call for much shorter sentences for first-time offenders.

Junta testified he tried to avoid coming to blows with Costin, but fought back after the 156-pound Costin threw a "sucker punch" at him, jumped on him and continued to hit and kick him after the two men fell to the floor. Junta claimed he landed just "three off-balance" punches.

But two witnesses testified Junta struck Costin repeatedly in the head while pinning him to the thinly matted floor of the Burbank Ice Arena in Reading. Junta ignored their screams of "Stop. You're going to kill him!" both women said.

Other witnesses, including Junta's 12-year-old son, Quinlan, corroborated Junta's claim that he threw only three punches.

Junta was tried for the more serious charge of manslaughter, which means intentional infliction of injury likely to cause death or serious bodily harm, or excessive use of force in self-defense.

Involuntary manslaughter is a less-serious battery.

Medical experts for both sides said Costin died of a ruptured artery in his neck, which caused severe brain damage. But they differed sharply on how much force was needed to cause the fatal injury.

Dr. Stanton Kessler, the prosecution's witness, said Costin sustained "severe trauma" from repeated blows to his head and neck. Dr. Ira Kanfer, a defense witness, said a single blow could have caused the artery to rupture.

The fatal fight was witnessed by about a dozen children, including Junta's son and Costin's three sons.

All four boys, ages 11 through 14 – as well as Costin's 11-year-old daughter – sat in the courtroom during closing arguments. Costin's children had been listed as potential witnesses for the prosecution but were never called to testify.

The confrontation between Costin and Junta began when Junta became angry about slashing and checking at what was supposed to be a non-contact hockey scrimmage, which Costin was supervising. Junta saw another player elbow his son in the face.

Witnesses said that when Junta yelled at Costin for not controlling the rough play, he snapped: "That's hockey." The two men then got into a scuffle near the locker rooms, but it was quickly broken up by bystanders.

Junta went outside, but returned moments later. He said he came back to pick up his son and his friends, who were still inside the locker room.

Nancy Blanchard, a rink worker, said Junta shoved her aside and headed straight for Costin.

Junta, however, testified that Costin jumped him and he was forced to defend himself. He said he delivered three quick blows, then stopped when he saw Costin put his hand up over his face.

During the trial, the prosecution repeatedly called attention to the barrel-chested Junta's size – 6-foot-1 and 270 pounds. Costin was 6 feet, 156 pounds.

But in his closing argument, Junta's lawyer called him a "gentle giant" who took a "serious thrashing" at the hands of Costin during their first scuffle. Junta had a 4-inch scratch on his face, a ripped shirt, cuts on his arms and scratches on his legs from where he said Costin kicked him with his skates.

Junta, who shed tears at times during his testimony, said he left the rink without knowing how gravely he had injured Costin.

"I thought when he laid back down that he was just resting," he said, his voice choking and chin trembling.

Costin never regained consciousness. He died the next day.

© 2002 The Associated Press
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Old Fri Jan 11, 2002, 10:52pm
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Unhappy

Not sure if it is just me, but I can't even believe that this is all he got. Yes, any form of manslaughter is a big charge, but is that enough? He killed someone because he was portraying child-like characteristics. This is really kind of scary, considering my state (WI) isn't one of the 18 (I think that is right?) that has the law on sports officials and more serious repercussions to "not thought out, and viloent actions" Just think, that could have been you, during your next game, you could be taken out and possibly even killed by an enraged fan. This just blows my mind!
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Old Fri Jan 18, 2002, 03:53pm
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Old Thu Jan 24, 2002, 02:25pm
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Doug:

What would you do if someone juped on your bak and started hitting you? What would you do if someone wearing hockey skates kicked at your face, and actually slaashed you? Would you just say naughty, naughty? Costin had a long police record (drugs among other things, and of violent behavior) and should not have been allowed to work with youth. I would bet he had drugs in his system that day.

By the way, Costin was NOT officiating a game. It was a practice. The kids Junta was with did NOT have on equipment, Costin's did. It was supposed to be a stick practice (no contact). He allowed his team to use rough tactics. He was not fit to work with youth. It's a travesty that his drug and violent behavior records were not allowed to be brought up at the trial.

Bob
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Old Fri Feb 01, 2002, 05:51pm
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Quote:
Originally posted by bluezebra
Doug:

What would you do if someone juped on your bak and started hitting you? What would you do if someone wearing hockey skates kicked at your face, and actually slaashed you? Would you just say naughty, naughty? Costin had a long police record (drugs among other things, and of violent behavior) and should not have been allowed to work with youth. I would bet he had drugs in his system that day.

By the way, Costin was NOT officiating a game. It was a practice. The kids Junta was with did NOT have on equipment, Costin's did. It was supposed to be a stick practice (no contact). He allowed his team to use rough tactics. He was not fit to work with youth. It's a travesty that his drug and violent behavior records were not allowed to be brought up at the trial.

Bob
The court found Costin's record irrelevant as well it should since there was no evidence it was a factor. Junta had no prior knowledge of Costin's record.

Two overriding factors weighed on the guilty verdict for Junta. One, after the initial fight when Costin did have on skates, Junta left the rink and returned two minutes later, bruised the arm of the rink attendant who attempted to stop him. And, two, beat Costin, who was not wearing skates, causing 15 hemorrhages one fatal rupturing the vessel supplying blood to the brain.

The judge considered in sentencing Junta not only the death but a beating Junta gave his wife in 1991 in front of his children. In fact, the prosecutor recommended 6-10 years and the judge called that lenient and was inclined to give more but did not.

Bottom line, Junta was in a rage. Maybe he should meet Tyson!
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Old Sun Feb 03, 2002, 04:31pm
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What I didn't see brought up was whether Costin had drugs in his system at the time of the incident. It was brought up that Junta had a prior record of violence about 8 or so years previously. So, why in the name of fairness, wasn't anything allowed re: Costin's drug problems? I'm not condoning what Junta did, but both combatants' records should have been brought up.

Bob
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Old Sun Feb 03, 2002, 09:37pm
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Quote:
Originally posted by bluezebra
What I didn't see brought up was whether Costin had drugs in his system at the time of the incident. It was brought up that Junta had a prior record of violence about 8 or so years previously. So, why in the name of fairness, wasn't anything allowed re: Costin's drug problems? I'm not condoning what Junta did, but both combatants' records should have been brought up.

Bob
The judge, rightly so, did not allow prior bad acts to be introduced during the trial. Reason being, the prior acts of Costin or Junta were irrelevant since neither individual had an idea of the other's past.

Costin's priors would have been relevant if Junta knew he could have feared Costin.

I don't recall any drug test being introduced on Costin and I am sure Junta's attorney would have fought to get it in if it showed some propensity by Costin placing Junta at a disadvantage.

Last point, Junta's priors were not introduced in the trial. Therefore, fairness did prevail. However, the sentencing hearing is where Junta's wife's 1991 TRO was introduced and used by the judge as consideration. In fact, the judge admonished the defense attorney at the sentencing hearing when he once again attempted to bring up Costin's priors as an attempt to mitigate Junta's sentencing.

On a personal note, there were no winners in this trial on what was a simple pickup game. Regardless of Costin's history he did not deserve a savage beating in front of these children. Junta's daughter graduates high school this year and her father will not be there. Costin's four kids will live the rest of their lives without a father and the memory of his beating. And, Quinlan Junta, son of Thomas, will go through high school without his father present.

That is not what sports is about!
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