Updated

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, is accused of throwing the baseball into the stands during a July 24 game with the Dayton Dragons that featured a 10-minute, bench-clearing brawl. The fan was treated at a hospital and released.

The grand jury in Dayton indicted Castillo on Wednesday on two counts of felonious assault.

The Montgomery County prosecutor's office says Castillo was attempting to hit a Dayton player in the dugout, but instead struck the fan, giving him a concussion.

Defense attorney Dennis Lieberman says Castillo will plead not guilty. Lieberman says the charges aren't justified by the circumstances and his client has a good defense.

Castillo, who was later reassigned to a rookie league in Arizona, is scheduled to be arraigned Nov. 13. He faces up to 16 years in prison if convicted of both counts.