District Attorney plans to subpoena Rick Smith to testify in Ooltewah rape case

Superintendent Rick Smith listens during a meeting Thursday at the Hamilton County Department of Education.

Hamilton County District Attorney Neal Pinkston plans to subpoena Hamilton County schools Superintendent Rick Smith, Assistant Superintendent Lee McDade and Ooltewah High School Principal Jim Jarvis to testify in the Ooltewah rape case.

According to an official with the District Attorney's office, the subpoenas will be issued today or Tuesday, requiring the men to testify in the preliminary hearings of Ooltewah's head coach Andre "Tank" Montgomery, assistant coach Karl Williams and Athletic Director Allard "Jesse" Nayadley on Feb. 15.

photo Neal Pinkston

Juvenile Court Judge Rob Philyaw scheduled this preliminary hearing last week after denying motions to dismiss the charges of failing to report child abuse or suspected child sexual abuse against Montgomery, Williams and Nayadley.

According to court documents, the three men were aware that four freshman players were assaulted with pool cues and "subjected to apparent sexual assault," during the team's trip to Gatlinburg, Tenn., and failed to report it, as required by law.

Smith, McDade and Jarvis will be called as witnesses in this hearing, according to the District Attorney's office.

They are expected to testify about when they first learned about the assault on Dec. 22, which sent one 15-year-old to the hospital for emergency surgery to repair his ruptured colon and bladder.

Two 16-year-olds and a 17-year-old are charged in Sevier County with aggravated rape and aggravated assault of a 15-year-old player. They were not allowed to return to Ooltewah High School this year.

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