SALT LAKE CITY (AP) — A Utah teen accused of punching a soccer referee who later died was charged Wednesday with homicide by assault, a count issued when an attack unintentionally causes death.
Salt Lake County District Attorney Sim Gill announced the charges, saying he will seek to try the teen as an adult.
A homicide by assault charge is less serious than manslaughter. It carries up to five years in prison for adults, but penalties can be less for juveniles.
Gill said it became clear in looking at the facts that the teenager’s actions didn’t warrant murder or manslaughter.
“We did not believe we could demonstrate the premeditation or intent to justify those charges,” Gill told The Associated Press on Wednesday. “Those other charges require another type of mental state. We did not believe that type of mental state was present.”
The 17-year-old has been in juvenile detention since April 27 when the incident occurred at a recreational-league soccer match in a Salt Lake City suburb.
Authorities say the teenager was playing goalie when 46-year-old Ricardo Portillo called a penalty on him for pushing an opposing player. The teenager began arguing with Portillo and then struck him in the head.
Charging documents show witnesses say the teenager threw one punch, hitting him in the rear jaw area with a closed fist. Another witness said Portillo was writing notes on his notepad when he was hit.
Portillo was taken to the hospital in fair condition. Hours later, he went into a coma. He never regained consciousness and died Saturday.
Police say hospital staff told them Portillo had hemorrhaging and a traumatic brain injury.
The fact that the teenager is five months away from turning 18, combined with the seriousness of what happened, led Gill to push to have him tried as an adult. A juvenile court judge will ultimately rule on that request.
The chance of the teen’s rehabilitation is minimal, prosecutors said in court documents.
League officials say they hadn’t had any problems with the teenager prior to this incident.
Funeral services are being held Wednesday in Salt Lake City for Portillo, who leaves behind three daughters and four grandchildren.
A wake is scheduled to run from 1 to 7 p.m., followed by a religious service. Both are open to the public.
After the funeral, Portillo’s remains will be returned to his hometown of Guadalajara, Mexico. He moved to Utah from there 17 years ago.
Family members said Portillo loved soccer, and had been working as a referee in different leagues for eight years. His oldest daughter, Johana Portillo, said he had been attacked before by players, even having his legs and ribs broken. Though his daughters begged him to quit, he said he couldn’t give up his passion.
Portillo was a longtime referee, be he was not licensed by the Utah Soccer Referee Committee.
The incident occurred in a game held by La Liga Continental de Futbol, an unaffiliated soccer league created in 2009. The league holds games for children ages 4 to 17 each Saturday at a junior high school field in Taylorsville.
The league president, Mario Vasquez, said earlier this week that the league will hold an adult, co-ed soccer tournament in Portillo’s honor May 25-26. The funds will go to his family.
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This Week’s Celebrity Instagrams (10/15-10/21)
31 photos Launch gallery
1. Just a NY girl with BIG dreams....
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2. HAPPY CHILDREN=QUALITY PARENTING. We don't always see eye to eye on everything and that's normal. We're human beings. But we come together and do it right for what's important, the kids. We are not enemies, we are parents. And we are parents 1st. S/O to @monyettashaw for making Mason's bday memorable. S/O to @itscrystalsmith at home taking care of our other lil' Prince. ❤️❤️❤️ THIS IS WHAT CO-PARENTING LOOKS LIKE. #Blessed #Happy #AboveTheDrama #BiggerThanUs
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3. So happy to finally be able to share with you all that I’m the new Global Brand Ambassador for @Revlon! Follow my day on RevlonSnaps. Yay! Choose Love, Everybody! #RevlonXCiara #chooselove #ad
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4. Glam on point!!!@makeupbymotoko & @shaylinjoneshair #easybreezy @lifetimetv #beachesmovie #january2017 😘
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5. ✨True love ✨📸: @jessiemarrerophotography
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7. Today was not easy..but by the grace of God we all got through it. Words cannot express our gratitude for all of your Prayers, Positive thoughts and Support for us throughout the years. Tommy will be missed but most certainly never forgotten...And PLEASE don't ask "Where's Martin?.." he was there too...just not in this picture. Lol! God bless you all.. #LoveConquersAll #MartinShow
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9. West coast get ready for #RockyHorror. I will be live tweeting again. #letsdothetimewarpagain
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10. #THEKEYS pre order yours now ... Available everywhere #NOV22 #WeTheBest 🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑
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11. We about to ROCK at #KCABlackBall!! All for our life-changing effort to end 🌎 AIDS.
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12. Today's #SNAPJACK is brought to you by @yazzthegreatest 😂😂😂💋💋💋
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13. Damn girl you kinda old to be headed to the Go Go. You coming in at the age they leaving. LMAO
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14. Daddy daycare B-Boxin with @acewellstucker @shopraisingace
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15. #FBF Naviyd & URV "LIL MONSTERS"
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16. HAPPY BIRTHDAY TO ONE OF THE BIGGEST LEGENDS IN OUR HIPHOP HISTORY! @snoopdogg CONTINUED BLESSING AND LOVE FAMILY!!!!! REAL OG!
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17. Thank you for a beautiful night VSU! Let's do it again! #HOMECOMING
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18. Had a great time this morning with my familia Erica, Griff & Truth!!
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19. Check out my interview on @essence facebook live. #inmyownwords #nycpromo #day2
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20. #She💋 #tbt #TheCoveAtTheAtlantis #DawgPawsAndAll
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21. Bae #retailtherapy
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22. Why me and @coryhardrict got the same pose... and notee... new mouth #naked
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23. When my husband is my personal 'hype-man'! it kills me every time! 💜😂 #WHATNOW #lostfiles📷
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24. Diggy Simmons
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25. Hand full of @jacquieaiche 💙💎💍 @esnail_la 💅🏾
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26. SuperSoulers! You can watch my interview with Carl Lentz live from my Facebook page, tomorrow at 11a ET| 8a PT. #SuperSoulSunday
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27. 💋 .. When the friendship is easy like Sunday morning. ☀️
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28. Sunday mornings are the best........... hugs and cuddles with my angel
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29. #huggar16 #hellohuggars
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30. My gym is everywhere!.. #RnBMoney #TheGeneral 📸: @twelvepastseven
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31. Nothing I would rather be doing... Rocko setting up our movie, Romelō working on a puzzle & Laiyah singing and sharing all she's learning at school... I'm so grateful for the joy they've brought into my life ... Praying for peace , joy & love in the home of EVERY family ♥️ #HeadScarfPJSunday LOL 😂
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