Defense attorney Dinosa Dilone plans to appeal Tuesday’s ruling, according to the report.
Simon is accused of firing a shot on New Year’s Eve that killed 25-year-old Michel Castillo and injured his brother, 17-year-old Starlling Castillo, in the city of Luperon in Puerto Plata. Simon has claimed that the shooting was accidental, and the final results of a ballistics test are pending.
The Orioles are not commenting on the matter.
Simon didn’t appear to be in the club’s bullpen plans before the shooting. Now it doesn’t appear that he’ll be joining pitchers and catchers in Sarasota when they report to camp in two weeks.
Simon was 4-2 with a 4.93 ERA and 17 saves last season after returning from ligament-reconstructive surgery on his right elbow that took place on May 5, 2009. He signed with the Orioles as a minor league free agent in August 2008.