Atlanta Braves: CBA limits club options for dealing with Marcell Ozuna
By Fred Owens
Likely outcomes
According to the Georgia Commission on Family Violence, the spouse cannot drop charges once the case is submitted to the prosecutor. It also limits what the prosecutor can do with the case.
"The prosecutor will not offer or agree to reduce a family violence charge to a lesser offense unless . . .the ends of justice are served thereby. . . . Once an indictment has been returned, or an accusation has been filed, the prosecutor will not move to dismiss the charges merely because a victim is reluctant to cooperate. The case will proceed until the defendant either enters a plea or is tried by a judge or jury. (Emphasis is from the text of the document, not mine.)"
The details of police intervention and statements are pretty graphic and easy to find. Alan linked them in his initial report. Lawyers may find loopholes, but the text of the law is pretty clear.
If the above holds true, Ozuna will certainly come to trial. If the bodycam footage and the officers’ statements on the scene hold true, jail time is likely, and according to Jeff Passan, it won’t be short.
Now that the Sandy Springs, Ga., police have confirmed that the alleged victim was Marcell Ozuna's wife, an update to the previous note on sentencing guidelines for aggravated assault strangulation: When done to a spouse, it's a felony with a minimum of three years and max of 20.
— Jeff Passan (@JeffPassan) May 30, 2021
These cases take a while to get to trial, and I have no idea how long someone must serve before parole is an option; without parole, his contract would be up before he’s released. As noted in the Vasquez case, deportation is a possibility, but I have no idea how likely it is.
As noted earlier, if he’s still under contract, the Commissioner could suspend him for as long as he wants. However, a year is the most likely length based on precedent, and an arbiter might well suggest that acts like double jeopardy and overturn or reduce any suspension.
That’s a wrap
if Ozuna is convicted and sentencing guidelines followed, it’s unlikely the Atlanta Braves will have to pay the remainder of his contract.
dark. Next. Podcasting the Ozuna story and more
If, for some reason, Ozuna is released without going to trial, the Commissioner may suspend him. However, once he serves his suspension and is cleared to return to baseball, the Atlanta Braves must either release him or bring him back to the team. In either scenario, they will pay his remaining salary.