honoluluadvertiser.com

Sponsored by:

Comment, blog & share photos

Log in | Become a member
The Honolulu Advertiser
Posted on: Wednesday, August 19, 2009

Preps: Ex-Kentucky coach pleads not guilty to wanton endangerment


BRETT BARROUQUERE
Associated Press Writer

LOUISVILLE, Ky. — A former Kentucky high school football coach has pleaded not guilty to a charge of wanton endangerment related to a practice where a player collapsed and later died.

David Jason Stinson entered the plea today as his attorneys sought to have the new charge tried separately from a charge of reckless homicide, which is scheduled to go to trial Aug. 31.

In a rare case of a coach being charged in a player's death, the wanton endangerment and reckless homicide charges stem from the August 23, 2008, death of 15-year-old Pleasure Ridge Park lineman Max Gilpin. Gilpin had collapsed at another practice three days earlier.

Jefferson Circuit Judge Susan Schultz Gibson told attorneys she would rule on whether to try the charges together by noon on Thursday. Each charge carries a maximum sentence of five years in prison.

Prosecutors re-indicted Stinson on wanton endangerment on Tuesday, just days after a judge dismissed the charge on procedural grounds.

Gilpin collapsed at the end of a series of sprints during practice. A temperature reading taken before practice and filed in court showed a temperature of 94, humidity of 26 percent and a heat index of 94 degrees. He died at a local hospital three days later.

A report on Gilpin's death by Jefferson County Public Schools determined Stinson did not violate any high school athletic rules during the practice.

The sophomore's death certificate shows he died of septic shock, multiple organ failure and complications from heat stroke. No autopsy was conducted.

On Wednesday, one of Stinson's attorneys, Brian Butler, asked Gibson to have the wanton endangerment charge kept separate from the reckless homicide because the indictment came down on the eve of trial, depriving the defense of an opportunity to properly prepare for the new charge.

Also, the charges are based on two conflicting theories, making it impossible to try or defend together, Butler said. Wanton endangerment usually stems from a dangerous act where no one is hurt, Butler said.

"Is Max's death even relevant to a wanton endangerment charge?" Butler asked. "If it is a death, it's a homicide."

Butler said the wanton endangerment charge arose after the defense disclosed they planned to rely on experts who would question what caused Gilpin to collapse and later die. Butler said prosecutors realized they couldn't prove what caused Gilpin's death, creating a problem in winning a reckless homicide conviction.

"The whole issue is cause of death," Butler said.

Assistant Commonwealth's Attorney Leland Hulbert said the sprints at the end of practice the day Gilpin collapsed amounted to "barbaric conditioning" and that the case would turn on more than just what may have killed Gilpin.

"They are obviously ignoring the coach's conduct, as they have from the beginning," Hulbert said. "This case is about coach Stinson's conduct from day one."

Throughout Wednesday's hour-long hearing, the two sides disagreed on almost every issue that arose, from pretrial meetings to whether the defense offered to let prosecutors interview their expert witnesses.