Office of the State's Attorney for Baltimore City

For Immediate Release 7/21/2017

South Baltimore —Today, Andrew Nappi and Scott Smith entered Alford Pleas for the second degree assault of Joseph Bauer. The Court sentenced Nappi to one year suspended with 18 months of probation and Smith to probation before judgment and 18 months of probation.

Assistant State's Attorneys Natalie Hynum and Alex Rothstein prosecuted the case. On behalf of the State, they offered both defendants six years of incarceration, suspend all but six months, with three years of probation.

On October 2, 2016, Bauer, along with his wife and friends, attended the Baltimore Ravens vs. Oakland Raiders football game at M&T Bank Stadium. During half-time, Bauer was in line with his wife at a concession stand when he first encountered Nappi and Smith, and a verbal altercation ensued. Later, as Bauer and his friends proceeded to leave the game, Bauer encountered Nappi and Smith again while descending the southwest ramp from the 500 level to the 400 level. During this meeting, the two parties had an hostile exchange about their team of choice, followed by Smith approaching Bauer and yelling obscenities in his face. Some pushing and shoving ensued, but was diffused.

Bauer and his friend waited a period of time before proceeding, allowing the defendants to continue down the ramp. However, as Bauer and his friend continued down the ramp from the 400 level to the 300 level, Nappi and Smith were waiting. As Bauer turned the corner, Smith charged at him, shoving him in the chest, immediately followed by Nappi delivering one punch to Bauer's jaw. Bauer fell back and struck his head on the concrete.

Bauer was transported to The University of Maryland Medical Center's Shock Trauma Unit, where he was diagnosed with a skull fracture and brain swelling. This injury resulted in him having 24-hour medical care for the first month of his recovery.

"What took place while families and friends attempted to continue their day watching a football game was inexcusable," said State's Attorney Marilyn Mosby. "No verbal altercation should ever escalate to assault, especially that which results in a person being rushed to Shock Trauma for a traumatic brain injury. I hope that the perpetrators of this reckless act learn from this incident, and the victim and his family find solace in the fact that the perpetrators were held accountable."