HALLETTSVILLE, Texas - New details have been revealed in a conversation with the attorney representing the Hallettsville head baseball coach, Calvin Cook.
Cook, along with two other Hallettsville ISD officials, were indicted for failing to report an alleged abuse case.
Calvin Cook's attorney, Wes Rucker, emailed Newscenter 25 Executive Producer-Digital, Bria Woods, stating "I'm sure you are aware that the kids at the center of this fiasco will not be charged. Meaning there is no cause to believe an assault occurred. This is a very sad story. I was a prosecutor for 10 years before entering private practice and this case makes me sick to my stomach. Law enforcement got this completely wrong and it's ruining the lives of many people."
Medina county will not press charges against the individuals being investigated for the alleged sexual assault that occurred at the Best Western Hondo Inn on March 2nd.
We invited Rucker to speak with us over Skype about how this decision will affect his defense of his client, Coach Cook.
"The first thing is it shows that there never was an assault of any kind. That's the first threshold that needs to be addressed," said attorney Wes Rucker. The second thing that it will do is it highlights that there was never a reporting obligation on behalf of Mr. Cook because there was never an assault that took place. Even if there was an assault that took place, our position is Mr. Cook was never aware of it. He was told of rumor and he tried his best to track down what the details of what that rumor were. And that was all that he knew."
When we broke this story a few months ago there were several members of the community stating that they saw a video of the alleged sexual assault.
Rucker, explained to us what he saw in that video.
"What is shown on that video is exactly what this young man told the police, it's exactly what he told his friends and that is the guys on the team because it was his birthday, they were wrestling with him, they put talcum powder on him, and they rubbed what's not even a candy bar, they rubbed a piece of chocolate cake, like a muffin type cake on the back of his shorts," said Wes Rucker, attorney for Calvin Cook.
Rucker says that Calvin Cook never saw the video, and at that time he didn't know anything about it.
Rucker mentioned that once Mr. Cook heard that something took place on the trip to Hondo he was unaware of the details, but Mr. Cook went right to the alleged victim to check on his well-being.
"He asked him did anything, has anything happened to you and the young man was adamant that ‘no nothing has happened to me it was my birthday' over the baseball tournament and the guys did some team hazing which happens, it's not illegal it happens all the time, and he was insistent that nothing had happened," said Rucker.
Attorney Rucker stated that he's happy the young men were not charged because he doesn't think they did anything wrong.
He went on to say that he's also happy because this means that another young man was not abused or tormented, and this highlights there was never a reporting obligation on behalf of Mr. Cook.
"Had Calvin Cook handled these things differently he could've been charged with a felony for making a false report, he could've been charged civilly and sued civilly under the same section of the same family code," said Rucker.
Currently, Mr. Cook does not have a trial date set but Rucker said he's confident that the district attorney will realize they may have gotten this wrong.
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