UPDATE: Judge denies dismissal of charges against OHS coaches and AD
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.
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
UPDATE: Judge Philyaw sets preliminary hearings for Monday, Feb. 15 at 9am. New details will likely be made public at that time.— Dan Kennedy (@DanOKennedy) January 21, 2016
BREAKING: Judge denies the motions to dismiss the charges. "Attorneys are doing a good job but..."— Dan Kennedy (@DanOKennedy) January 21, 2016
Judge Philyaw now addressing jurisdiction. He asks "if not here, then where? Statute doesn't say telling doctor is good enough."— Dan Kennedy (@DanOKennedy) January 21, 2016
Philyaw: "I heard reasonable cause to believe there was a failure to report."— Dan Kennedy (@DanOKennedy) January 21, 2016
Pinkston: I object and find it offensive that Curtis Bowe thinks we don't take our job seriously and that this is a knee jerk reaction— Dan Kennedy (@DanOKennedy) January 21, 2016
Houston: "Judge, it's like a car accident.." Philyaw: "no it's not like a car accident." The two discussing mandatory reporting law— Dan Kennedy (@DanOKennedy) January 21, 2016
Karl Williams' attorney says they're not ready for a preliminary hearing today. Requests the Sevier Co investigator be here..— Dan Kennedy (@DanOKennedy) January 21, 2016
Philyaw questioning Pinkston about the "totem poll" and who all is a mandatory reporter. Pinkston says AD was not just there as a father.— Dan Kennedy (@DanOKennedy) January 21, 2016
"This statute is written poorly and no duty to report because definitions of child sex abuse are not met." - Coach Montgomery's attorney— Dan Kennedy (@DanOKennedy) January 21, 2016
His attorney argues this is a sexual and criminal assault and that excuses his client from being a mandatory reporter under statute— Dan Kennedy (@DanOKennedy) January 21, 2016
Coach's attorney echoes the other attorneys that Hamilton Co has no jurisdiction & "No factual assertion that he had knowledge immediately."— Dan Kennedy (@DanOKennedy) January 21, 2016
Judge Philyaw has entered and we're ready to begin arraignment for failure to report child sex abuse.— Dan Kennedy (@DanOKennedy) January 21, 2016
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.
“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.