Supt. Rick Smith took the witness stand
photo by Dennis Norwood
Juvenile Court Judge Rob Philyaw, after a four-hour hearing on Monday, sent cases against two Ooltewah High basketball coaches and the athletic director to the Grand Jury.
The judge said coaches Andre Montgomery and Karl Williams and AD Jesse Nayadley "are not terrible people," but he said there was evidence to proceed on charges of not reporting child abuse.
They will have to be booked at the County Jail within 30 days.
The case relates to an incident in Gatlinburg on Dec. 23 when three Ooltewah High basketball team members were charged with the aggravated rape of a freshman team member.
Judge Philyaw said there were three other team members who were victims as well, and there was no proof that those incidents were reported.
It was testified that team members said they had been bullied by older teammates during the season, including in dark locker rooms, and that the "main perpetrator" said he had been "hazed" the same way involving a pool cue in the rectum when he was a freshman during a trip to Hilton Head.
The hearing featured testimony by Superintendent Rick Smith, Assistant Superintendent Lee McDade, Secondary Education Director Steve Holmes and Ooltewah Principal Jim Jarvis, as well as a detective from Gatlinburg.
Supt. Smith, who asked for a buyout of his contract following an uproar over the handling of the case, testified that the field trip to Gatlinburg never went before the school board as is required for school field trips.
Of the testimony by detective Rodney Burns, Judge Philyaw said he was "troubled by it on several different levels."
Detective Burns said the case "appeared to be kids being kids - a hazing thing. It was something stupid that kids do and shouldn't have been done."
He praised the action of the three defendants, saying they were very helpful in handling of the case.
He said attacks against three other players on the team were not charged as rapes, but as assaults, because their clothing was not penetrated as in the case of the 15-year-old who was seriously injured. He said all were clothed and the case did not involve "sexual gratification."
Detective Burns said he had worked all day and was on call when he was called by his sergeant at 12:20 a.m. on Dec. 23 about an incident at a rental cabin. He said the injured player was checked out at the medical facility at Gatlinburg, but it did not appear that he was badly hurt. He said medical personnel said he would be sore, but should be okay.
He said it was felt the boy should not return to stay at the cabin, but he went to retrieve his belongings. He said the boy walked gingerly down some steps, then collapsed. An ambulance was then called and he was eventually transferred to a Knoxville hospital, where he stayed over a week.
The detective said the boy stated that he had gone downstairs the night of the incident, then three older players came in his room. He said two held him down, while the third used the pool cue on him. He said the cue went through his clothing into his rectum.
He said the boy cried out, causing the three assailants to immediately leave the room. The coach was then summoned. He said the boy did not initially say what happened to cause his injury.
Detective Burns said the boy bagged up the clothes he had been wearing because he was embarrassed that feces was on them. He said the wife of coach Montgomery threw the clothes in the trash. He said they were later retrieved as evidence.
The detective said he found that the pool cue that was used in the attack was later used by some of the players in a pool game. The pool cues were finally collected.
The witness said he noticed that none of the pool cues had ends that were broken off. He said the item that was retrieved from the victim's rectum turned out to be a piece of fabric from his clothing. He said that showed "this case is much smaller that what it's blown up to be."
He said the other boys had some clothes on and some were in a hot tub when they got the pool cue treatment. He said those incidents were at different days during the holiday trip.
The detective said the wife of coach Montgomery helped him arrange interviews with the players and get permission from their parents. He said several of the boys told of being bullied by the older players during the season after they joined the team following the end of the football season.
He said the player who was hospitalized said the teammate described as "the main perpetrator" had come up to him in a study hall and hit him. He said he hit the player back, and he felt he was marked after that "for standing up to him."
Detective Burns said he called the Department of Childrens Services on Christmas Eve to report the incident, but got no answer. He said, in some cases, that DCS can complicate and interfere with police probes. He said in one case DCS told one individual he had been cleared, when he had not.
He said the juvenile judge in Sevier County was quickly advised of the situation and petitions were taken against the three.
Detective Burns said he was present when it was decided to have the three charged players to be allowed to go to their homes. He said the father of Montgomery drove them home to Chattanooga.
He said the coaches and AD "were fully cooperative. There wasn't any coverup or anything like that." He said Montgomery "was very forthcoming and cooperative. He was in a state of shock over the whole thing."
District Attorney Neal Pinkston, who brought the charges, told the detective, "You seem to be minimizing all of this."
Supt. Smith said a form was submitted for the field trip, but it was sent back a couple of times, including the second time due to a typo. He said it never got to the school board.
He said he got a text about the incident from Mr. Holmes on Dec. 23 at 11:09. He said it stated that law enforcement was involved and three of the students and been arrested.
He said a second text at 11:23 said the freshman player "does not appear as seriously injured" as was first thought.
Supt. Smith said, "We did not get much information at all after the 23rd."
He said when school started back on Jan. 4 that the affected employees were interviewed, and the students involved were quizzed the next day.
The three students who were charged were suspended from school.
Principal Jarvis said he had not been aware of any bullying or hazing problems at the school.
He said he was alerted to the incident on Dec. 23 when he got a call from Nayadley. He said, "I then called my superior, Steve Holmes."
He said he was in favor of letting the team continue to play in a Christmas tournament after the incident. He said, "I couldn't see punishing 11 others for what three had done."
Mr. Jarvis said he and his wife drove to Gatlinburg on Christmas day and visited with the injured student, who has since dropped out of OHS.
Dr. McDade said he received a text about the incident on Dec. 23 after 11 a.m., but did not read it until after 1 p.m. He said he was told that two boys held down another "while one sexually assaulted him."
Afterward, he said, "I just waited for more information." He said he was told "that the proper authorities had been called."
He said he believed the three who are charged had acted appropriately.
Mr. Holmes said he was called by Mr. Jarvis and told it was "a very serious incident. Two had held down another student while a pool cue was inserted into his rectum." He said he was told that the three alleged perpetrators "were immediately sent home."
Defense attorneys urged the judge to dismiss the charges.
Attorney Lee Davis (for Nayadley) said the case was "headed into a procedural nightmare." He said the laws on reporting are ambiguous and "I don't think anyone can fault them for their actions."
Attorney Johnny Houston said Williams was a volunteer who had not gotten any training on reporting such cases from school officials.
Attorney Curtis Bowe (for Montgomery) said it was a case for the police to handle, and officers had been quickly notified.
Judge Philyaw agreed that the laws on reporting child abuse in Tennessee are not clear. He noted that Senator Todd Gardenhire was in the audience and said clarifications were needed.
Saying the complex case was "like a law school exam," he said he could have ruled either way and given good reasoning for doing so.
He said DCS, even if it had been notified, would likely have backed away and let the police handle. A DCS witness said the incident was reported to its hotline in Nashville on Dec. 30 - a week after the incident.
Judge Rob Philyaw
photo by Dennis Norwood