Sex Charges Dismissed Against Former Akron-Westfield Wrestling Coach On Technicality

Date posted - December 22, 2012

gavel_1Le Mars, Iowa — Charges against a former Akron-Westfield assistant wrestling coach have been dismissed.

Thirty-year-old Chad Utesch of Ireton was charged with one felony and five misdemeanor counts of Sexual Exploitation by a School Employee when officials found out he had slept with a 17-year-old female student at least five times in 2011. The problem is, technically, he wasn’t a school employee, because his coaching certificate had expired in January of 2010.

Judge Jeffrey Neary agreed with a defense motion to dismiss the charges, and ruled that since he didn’t have a valid coaching certificate, he didn’t meet the definition of a school employee, so he could not be charged with Sexual Exploitation by a School Employee.

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6 Responses to “Sex Charges Dismissed Against Former Akron-Westfield Wrestling Coach On Technicality”

  1. Aaron says:

    What I find incredible is that someone being found guilty or innocent hinges on their lawyer, not on the facts of the case. People who are truly innocent are found guilty if they have a crappy lawyer. People who are truly guilty are found innocent if they have a good enough lawyer.

    And who are we upset at in this story? Not the criminal – the Prosecution! They didn’t have their I’s dotted and their T’s crossed, never mind this guy is as guilty as it gets.

    So he didn’t have a certificate – he was getting paid by the school! That constitutes an employee in my book.

  2. Chicken Strips says:

    Charge the girl as an adult! hahaha

  3. Lee Ann says:

    What about the charge of sexual assault by a person of authority? Just as if someone was assaulting someone that was considered a dependent adult, a person of authority, such as a teacher, coach, cop, etc. can be charged with that. Anyone in the position of authority over a minor or a dependent adult can be charged.

  4. Jesse says:

    She was 17 and he was 29 at the time? Stachatory rape?

  5. Rean says:

    What gets me, is how they classify 15-17 year olds as victims. That’s a crock! At that age, kids are walking hormones. They know what they are doing!

  6. Jason says:

    Jesse, it’s “statutory” rape…

    And yes, I would guess the County Attorney is planning to refile the charge under the statutory section, but I don’t know for sure. Maybe a reporter can ask??? Since it is a different code section, I don’t think this is a double jeopardy situation. (being tried twice for the same crime)

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