Judge Will Not Drop Charges Against Ooltewah Adults
In juvenile court Thursday morning, all three of the Ooltewah adults charged with failure to report abuse fought to have their charges dismissed.
The attorney for Coach Andre Montgomery said the real perpetrators of the crime are already behind bars.
"They’ve charged the individuals responsible for the assault," said defense attorney Curtis Bowe. "Those individuals I understand five days from now will be heard before Judge Stokes and they will have to deal with their issues. None of that impacts these three gentleman, and in particular Mr. Montgomery."
The district attorney explained his reason for pressing these charges.
"It’s very clear that no one that cared for these children or were a caretaker for these children during the tournament ever contacted the appropriate authorities after they learned of the abuse and child sexual abuse," the district attorney Neal Pinkston said. "And particularly when they went to the hospital and talked about all that and despite all that they go on and continue to play another game."
The judge explained the statute describing the law of reporting child abuse was confusing at best.
"Somebody needs to clarify these statutes either at the Supreme Court or the Legislature," Judge Robert Philyaw said.
Ultimately, the misdemeanor charges against the three adults were not dropped.
"It’s clearly a Class A misdemeanor and I believe constitutional rights apply to all criminal matters," Philyaw said.
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