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OOLTEWAH ASSAULT

Judge on OHS request for dismissal: “This argument utterly fails.”

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Hamilton County Juvenile Court Judge Robert Philyaw. WRCBtv.com photo Hamilton County Juvenile Court Judge Robert Philyaw. WRCBtv.com photo

“This argument utterly fails.”

It’s Hamilton County Juvenile Court Judge Robert Philyaw’s response to one of many arguments made in court to dismiss charges against two Ooltewah High School coaches and the school’s Assistant Principal.

In an order, filed late Friday afternoon, Philyaw lays out the reasons he denied the trio’s request for the charges to be dismissed last week in court.

“One argument attempts to relieve any duty to report because the sexual abuse was perpetuated by minors and not a parent, guardian, relative, person residing in the child’s home, or other person responsible for the care and custody of the child,” writes Philyaw, who goes on to say the argument utterly failed.

Philyaw addresses each argument presented in court questioning the jurisdiction of the charges and the obligation of the three to report the December 22 rape of a freshman basketball player to authorities.

Philyaw says the law does not set out exact procedures for handling a violation of the mandatory reporter law.

“The State could argue the loss of liberty or other penalty applicable to a Class A misdemeanor,” says Philyaw, who says the courts also recognize due process requirements.

 The seven-page document (below) goes on to formally deny motions to dismiss charges against Andre Montgomery, Karl Williams and Jesse Nayadley.

 A preliminary hearing is set a February 15.

Hamilton County Schools Superintendent Rick Smith, Assistant Superintendent Lee McDade, Secondary Operations Director Steve Holmes and Ooltewah High School Principal Jim Jarvis have been ordered to testify at the hearing on behalf of the state.

If Montgomery, Williams and Nayadley are found to have violated the mandatory reporter law they could spend up to a year in prison and face up to a $2,500 fine.

Philyaw's order is below:

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