Atlanta Braves Hector Olivera’s Next Hearing is July 11
Paid, Not Played: Hector Olivera likely to be extended on Administrative Leave through at least July
It is listed as Case GC16001909-00 on the docket of cases being handled by the General District Court of Arlington, Virginia. Hector Olivera of Miami, Florida is charged with misdemeanor assault against Pilar Corrales. The record shows the following activity:
- April 13: Arrest date
- April 14: Arraignment – but this was continued with no plea entered
- May 2: Motion to continue (postpone) was granted
- May 10: Scheduled adjudication hearing was also postponed
- July 11, 9:30am: The next scheduled adjudication hearing
The legal system drags on slowly. So at this point, no details about the arrest have been made public, and all stories about this incident have continued to parrot the same information we’ve had all along, which is summarized here.
In the meantime, the Atlanta Braves are effectively forced to continue paying Olivera. Given this hearing date, it appears that this will remain the case through at least July 11, though that schedule could be continued further as this can gets kicked down the road.
My Guess
There are 3 possible outcomes here. In order of likelihood from least to most:
- Olivera goes on trial and is acquitted.
- Olivera goes on trial and is convicted. Assault is a Class 1 misdemeanor. At this time, there is no indication of any exceptional condition that would trigger an ‘escalator’ clause from that Viginia statute. Standard penalties range from 0 to 12 months in jail and $0 to $2500 fine. Best guess given Olivera’s record (none) and the severity involved is that he’d get something ranging between no jail time and 30 days, with the maximum fine.
- This case is dismissed with the victim receiving a nice check for her trouble.
While I believe that #3 is most likely, there is actually close to zero incentive for Olivera and his lawyer to push for such an outcome at this point in the process. He’s getting paid, and will continue to be paid while this plays out. July 11 is the earliest date in which each side will first present their take on the situation so that we can get a hint of the strength of Olivera’s case. It’s only after that point that a settlement might become more likely.
Let’s say for the sake of argument that the case is dismissed/settled around July 20th. At that point, MLB can then step in and make it’s ruling. My bet: suspension for the rest of the season…. see you in the Spring.
At that point, Olivera is cut off, with the Braves pocketing roughly $1.6 million of his $4 million salary for 2016. However, from 2017-2020, he’s still due $28.5 million more – a figure that Atlanta would have trouble eating (especially after absorbing something over $34 million in ‘dead’ money this season).
There is little precedent for this, but I could see a negotiated agreement with the Player’s Association (note that the CBA is up for renewal/rehashing this December) to permit Atlanta to at least pay this off incrementally while Olivera stays on the Restricted roster list – possibly for the balance of that contract. Note that the MLBPA would almost certainly not permit the Braves to cancel the contract outright, even for conviction.
Next: Let's Talk About A Nice Prospect Instead, eh?
A thanks to attorney Jonathan Ganz (@jonathanganz) for digging up the court record giving us this new information.