Coach, Asst. Coach & Athletic Director to Be Charged in Connection with Ooltewah Rape Case
NEW: NewsChannel9 has learned Andre Montgomery, Jesse Nayadley & Karl Williams have been suspended without pay pending the outcome of the investigation.
NewsChannel 9 has confirmed Ooltewah High School's head basketball coach, assistant basketball coach and athletic director will be charged in Hamilton County for not reporting the extreme hazing and rape of a Ooltewah High School freshman basketball player back on December 22nd in Gatlinburg.
The document says Head Coach Andre Montgomery, Assistant Coach Karl Williams and Athletic Director Jesse Nayadley did not notify the Department of Children's Services or any law enforcement after the incident happened.
Tennessee law requires that child abuse, apparent child abuse or child sexual abuse be reported immediately.
A court filing obtained by NewsChannel 9 (see below) outlines the nature of the charges.
The document says during the team's stay in Gatlinburg, four freshmen basketball players were "subjected to assaultive behavior including but not limited to being struck with pool cues and also these four freshman basketball players were subjected to apparent sexual assault."
One player required emergency surgery due to the injuries he received while staying at the cabin. That player is now reportedly recovering.
UPDATE: Here is the legal document filed in court & sent to NewsChannel 9 outlining the charges:
SECOND UPDATE: A second filed court document & sent to NewsChannel 9 goes into more details about the charges.
The report says investigators interviewed players, coaching staff, and Ooltewah High School administrators. They also focused on reports of past "assaultive behavior" engaged by players in October, November and December of 2015.
Three Ooltewah High School basketball team members already face charges in the case, and are expected to appear in court on January 26th. Those players were kicked off the team shortly after the incident and expelled from Ooltewah High a few days later.
The incident shocked the community, and caused Hamilton County Schools to review their bullying policy. Many were unhappy with how Hamilton County Superintendent Rick Smith and the Hamilton County School Board handled the case. Last week, Smith said he would have handled the situation differently. And on Sunday, Hamilton County School Board Chairman Dr. Jonathan Welch released an apology for how the board handled the case.
UPDATE: Melydia Clewell, spokeswoman for the Hamilton County District Attorney's office, released this statement in an e-mail:
"Thursday afternoon, District Attorney General Neal Pinkston filed a criminal complaint against three people associated with Ooltewah High School for Failure to Report Child Sexual Abuse of four victims who are players on the OHS boys' basketball team.
Juvenile Court Judge Robert Philyaw issued criminal summonses in lieu of arrest for OHS Assistant Principal/Athletic Director Allard J. Nayadley, OHS boys' basketball coach Andre Montgomery, and assistant coach Karl Williams. Under Tennessee's mandatory reporting law, all three are required to report any suspected child sexual abuse to the state Department of Children's Services, the sheriff of the county in which the children reside, the police chief of the municipality in which the children reside, or the juvenile court judge with jurisdiction over the child.
An investigator from the DA's Office and a HCSO detective are working to determine the scope of criminal activity that took place this school year related to assaults committed by older members of the Ooltewah boys' basketball team against freshmen players. Charges against three players have already been filed in Sevier County and additional charges are expected to be filed in Hamilton County.
Additionally, we are investigating allegations of an ingrained culture of violence among the football and basketball teams at OHS reaching back several years. As we interview potential victims who are former OHS players, if the evidence is sufficient to meet the state's legal burden of proof, charges will be filed for those incidents as well.
If anyone has knowledge of any crimes related to this investigation, they should call the Hamilton County District Attorney's Office at 423-209-7400.
General Pinkston filed a motion in Juvenile Court requesting all filings in this case be made public due to the overwhelming public interest in this case. Judge Philyaw verbally approved the motion which means o
ur filings are available at Juvenile Court.
At this time, our office can not release any further information, as prohibited by the Tennessee Supreme Court Rules of Professional Responsibility, Rule 3.8 (Special Duties of Prosecutors) which reads in pertinent part:
(f) except for statements that are necessary to inform the public of the nature and extent of the prosecutor's action and that serve a legitimate law enforcement purpose, shall refrain from making extrajudicial comments that have a substantial likelihood of heightening public condemnation of the accused and exercise reasonable care to prevent employees of the prosecutor's office from making an extrajudicial statement that the prosecutor would be prohibited from making under RPC 3.6 or this Rule; and discourage investigators, law enforcement personnel, and other persons assisting or associated with the prosecutor in a criminal matter from making an extrajudicial statement that the prosecutor would be prohibited from making under RPC 3.6 or this Rule.
In accordance with this rule, General Pinkston has asked the Hamilton County Sheriff's Office to also refrain from public comment."
Vote in our Twitter poll:
Depend on NewsChannel 9 to bring you updates on this story as they become available.