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PALMER -- A Palmer District Court jury found a 53-year-old Anchorage soccer coach guilty of harassment Wednesday for stripping an 11-year-old player naked from the waist down during a practice session last summer.
But while finding Mark A. Weaver guilty of that class B misdemeanor, the jury of three men and three women returned a verdict of not guilty on a more serious charge of fourth-degree assault.
Judge Greg Heath imposed a protective order prohibiting Weaver from contacting the victim or his immediate family. However, he did not impose jail time as prosecutors had sought. Heath sentenced Weaver to 30 days in jail with 30 suspended, a $1,000 fine with $1,000 suspended, and two years of probation with no contact with the victim. Weaver must pay a $50 misdemeanor surcharge.
Assistant District Attorney Richard Payne argued during the two-day trial that Weaver had recklessly caused the boy to feel pain June 9, 2003, when he tripped him at a full run during community soccer practice at Palmer Junior Middle School. Payne said the boy's head "bounced off the ground" after he was tripped.
Then, according to an affidavit from Palmer police officer Peter Steen, assistant coach Weaver pulled off the boy's shorts and his underwear and threw them a short distance away. Payne said the incident was seen by at least one girl and two women in addition to the boy's teammates.
He characterized Weaver as "aloof, arrogant, unapologetic and uncaring" after the boy ran crying into the woods.
"The defendant still believes this was a normal interaction between an adult and a child," Payne said Wednesday during his closing argument. "That's ridiculous."
Meanwhile, Weaver testified that the boy was challenging him and his intent was only to embarrass the youth. The incident occurred amid "laughter and joking and fun and frolicking," Weaver said. "There was no meanness here."
The victim's mother said her son has had nightmares since the event, is afraid of Weaver, and has been preoccupied with whether doors in the home are locked.
Weaver, an attorney who represented himself, said he didn't know what he could do to repair the situation.
"I became a pretty good coach but obviously this doesn't look like it," he said. "I made a mistake. I misjudged."
Payne asked for a sentence of 60 days in jail with 57 days suspended, a $3,000 fine, and three years of probation. He said Weaver's actions were "more egregious than a first-time DUI where there's mandatory three days of jail time."
Heath replied that DUI is a class A misdemeanor, not a class B misdemeanor as Weaver was convicted of. He also cited Weaver's long residence in the area and his stature in the community.
"I believe most of the citizens of this Valley would agree the conduct was outrageous," Heath said. "On the other hand, Mr. Weaver is a longtime contributor to the soccer industry. I don't believe he maliciously intended to harm the child. He just made a very stupid decision."