DAYTON, Ohio — A grand jury in Ohio has indicted a minor league pitcher accused of throwing a ball that hit a fan in the forehead.

Julio Castillo, who was pitching for the Peoria Chiefs — an affiliate of the Chicago Cubs — is accused of throwing into the stands during a July 24 game against Dayton that featured a 10-minute, benches-clearing brawl. The fan was treated for a concussion at a hospital and released.

Castillo was indicted Wednesday on two counts of felonious assault.

Prosecutors said Castillo was throwing at a Dayton player in the dugout, but instead struck the fan.

Defense attorney Dennis Lieberman says Castillo will plead not guilty.

Castillo is scheduled to be arraigned Nov. 13 and faces up to 16 years in prison if convicted on both counts.