During his warm-up between innings, a college pitcher deliberately throws at an opposing team player standing in the on-deck circle 24 feet away from the batter’s box. The player was attempting to gauge the speed and time of the pitches, but he did not see the thrown ball in time to avoid it. A high-speed fastball hit him in the face, causing a broken cheekbone and orbital fracture. He now has two permanent blind spots in his left eye. The pitcher’s coach told his pitchers to “brush back” any opponents attempting to time their pitches. Although admitting an effort to intimidate his opponent, the pitcher denied that he was trying to hit him with the thrown ball. Should the pitcher be criminally prosecuted?