Judge dismisses charges against former Ooltewah High School basketball coach

Staff Photo by Dan Henry / The Chattanooga Times Free Press- 8/31/16. Former Ooltewah High School head basketball coach Andre "Tank" Montgomery exits the courtroom after appearing before Judge Don Poole on August 31, 2016 facing charges of failure to report child sexual abuse.

Charges have been dismissed against former Ooltewah High School's head basketball coach Andre "Tank" Montgomery.

Montgomery faced four counts of failure to report child sexual abuse in connection with the pool-cue rape of a freshman basketball player. Three former Ooltewah High School players were convicted in connection with the rape that occurred during the team's trip to Gatlinburg, Tenn., to compete in a basketball tournament nearly a year ago.

Hamilton County Criminal Court Judge Don Poole dismissed the charges this morning, saying under the state statute Montgomery was not required to report this incident of sexual abuse to authorities.

Poole reminded the courtroom that someone cannot be charged based on their moral obligation to do something, but the court must make its decision based on the law.

There is no dispute that the attack of the freshman at the hands of his teammates was horrendous, Poole said.