Hamilton County District Attorney Neal Pinkston offered a pre-trial diversion this morning to Ooltewah High School Assistant Principal and Athletic Director Allard "Jesse" Nayadley, charged with failing to report child sexual abuse or suspected sexual child abuse in connection with the December rape of a student.
Nayadley, and Ooltewah High School basketball coach Andre "Tank" Montgomery, and assistant coach Karl Williams are each charged with failing to report abuse in Hamilton County, following the basketball team's trip to Gatlinburg Tenn., just days before Christmas.
Hamilton County Criminal Court Judge Tom Greenholtz approved the pre-trial diversion this morning, which means after a period of 180 days the case can be thrown out.
In the next 90 days, Nayadley will complete 10 hours of community service and take a class on mandatory reporting of abuse, Pinkston said.
Nayadley's attorney, Lee Davis, said he is glad his client was able to receive this pre-trial diversion, saying he is ready to put all of this behind him and move forward.
In a preliminary hearing in this case before Hamilton County Juvenile Court Judge Rob Philyaw, Pinkston said four boys on the team were sexually assaulted during the trip, and one had to have emergency surgery due to the extent of his injuries.
Pinkston charged the three men in Hamilton County, saying by law they were required to report child sexual abuse to the Department of Children's Services, which didn't happen.
In this hearing, Davis questioned if the Hamilton County Grand Jury had jurisdiction to hear the case. He argued the charges against the adults may need to be sent to the Sevier County Grand Jury.
Davis told Philyaw that dismissing the case would not minimize what happened, but would simply clear the men of fault for how they reacted to a terrible situation.
After nearly an hour of deliberation, Philyaw decided to send the charges against the three men onto the Hamilton County Grand Jury.
By accepting the pre-trial diversion, Nayadley is forgoing his right to have his charges heard before the Grand Jury.
Pinkston said the charges facing Williams and Montgomery are still pending before the Grand Jury.