UPDATE: Judge denies dismissal of charges against OHS coaches an - WRCBtv.com | Chattanooga News, Weather & Sports

UPDATE: Judge denies dismissal of charges against OHS coaches and AD

Posted: Updated:
Photo by WRCB reporter Dan Kennedy. Photo by WRCB reporter Dan Kennedy.
OOLTEWAH, TN (WRCB) -

UPDATE: OHS Athletic Director/Asst. Principal Jesse Nayadley, Head Basketball Coach Andre Montgomery and Assistant Coach Karl Williams were in court Thursday morning, seeking to have the charges against them dismissed.

Judge Rob Philyaw ultimately denied the motion to dismiss the charges against the three adults for not properly reporting the sexual assault of one of the Ooltewah High School basketball players in December, 2015.

"It's very clear that no one that cared for these children during this tournament ever contacted the appropriate authorities after they learned of the abuse and the child sex abuse," said District Attorney General Neal Pinkston.

The three men had no comment after Thursday's arraignment. They'll be back before Judge Philyaw on February 15 for a preliminary hearing in juvenile court.

MOBILE USERS | Watch here


PREVIOUS STORY: Ooltewah High School’s Athletic Director is asking a judge to dismiss the complaint against him, alleging he failed to report the sexual assault of four freshmen basketball players.

Jesse Nayadley, who also serves as the school’s Assistant Principal, is scheduled to appear in Hamilton County Juvenile Court Thursday morning alongside Head Basketball Coach Andrew Montgomery and Assistant Coach Karl Williams.

Nayadley’s attorney, Lee Davis, plans to file a 10-page motion Thursday to recall the summons issued against Nayadley and dismiss the complaint.

According to the document provided to Channel 3, Nayadley’s attorney alleges his client was never served with the summons that he calls “merely a civil matter”. Davis says the state’s request to transfer the case from juvenile court to the grand jury demands more evidence.

“There is no allegation supported by probably cause that any crime has occurred that would include Mr. Nayadley,” the motion reads.

Davis says the summons must be recalled due to a lack of probably cause. Davis says the complaint filed against Nayadley does not include specifics that indicate he had knowledge of the alleged abuse, that any of the victims made a complaint to him about the abuse or that he willfully and knowingly failed to report the abuse once a complaint was made.

READ MORE: Channel 3's coverage of the Ooltewah assault investigation 

“The Complaint and supporting affidavits make no allegation of knowledge because of course he had no knowledge of these events,” it reads, Davis notes that Nayadley was on the school sanctioned trip acting as a supportive parent to his son who is a member of the basketball team.

Davis also argues the jurisdiction remains in Sevier County, where the incident took place, and Hamilton County does not have jurisdiction to charge Nayadley.

Davis released the following statement to Channel 3, "Mr. Nayadley was in Gatlinburg to see his son's team play and he had no knowledge of any misconduct," said Davis.

"When he learned of the incident he immediately notified his principal in Chattanooga who in turn notified the Superintendent's office. Mr. Nayadley immediately cooperated fully and completely with police and this investigation since it began. From what I know, the authorities in Sevier County have no criticism of Mr. Nayadley's conduct. On behalf of Mr. Nayadley, we have no idea why he is being summoned to juvenile court in Chattanooga.  He was not present when the events happened, he is not a witness to these events, and he has no information any different from the principal he reported to, other parents with players on the team, or others who later learned of these tragic events."

Nayadley heads to court Thursday morning at 9am. Channel 3 will have a crew in the courtroom and keep you updated on-air and online.

Powered by Frankly