Mission, B.C., and attended UBC, remains the Canadian record holder in

CHATTANOOGA, Tenn. -- Charges were dismissed Friday against a former Tennessee high school basketball coach who was accused of failing to report child sexual abuse after a freshman player was assaulted by older teammates.Hamilton County Criminal Court Judge Don Poole ruled that the law Andre Montgomery of Ooltewah High School was accused of violating did not apply in this case. Montgomery was indicted in May on four counts of failing to report child sexual abuse.Poole said when a victim is 13-17 years old, the Tennessee statute that prosecutors relied on applies only to cases in which the attacker is a parent or someone else who lives in the same household as the victim.Now, that doesnt mean that there wouldnt be a moral requirement to report that. That doesnt mean there might not be a job or employment requirement to report that, Poole said. But does this statute create a legal requirement on this defendant or anyone else to report it? I think the answer is no.Melydia Clewell, a spokeswoman for the Hamilton County District Attorneys Office, said prosecutors would ask the Attorney Generals office to review the decision for potential appeal. Prosecutors have 30 days from the ruling to file an appeal.Judge Poole applied the law, said Curtis Bowe, Montgomerys lawyer. He read the law, understood it. If there are issues with the law, its in the hands of the Legislature to fix.The case stemmed from a Dec. 22 incident in a Gatlinburg cabin while Ooltewahs team was participating in a holiday tournament. Montgomery was Ooltewahs coach at the time.Police in Gatlinburg, which is in Sevier County, said a freshman required emergency surgery after being assaulted with a pool cue by teammates in an apparent hazing incident. Authorities in Hamilton County, where Ooltewah is located, said four freshman players were assaulted during the trip.One player was convicted in juvenile court of aggravated rape and aggravated assault in August. Two other players were convicted as juveniles only of aggravated assault.Poole described the assault as horrendous and horrific even as he cleared Montgomery on the charge of failing to report the situation to Hamilton County authorities. He added that it appears to me the statutes in question possibly are not properly worded and maybe dont come across as the Legislature intended.Hamilton County officials charged Montgomery, assistant coach Karl Williams and athletic director Allard Nayadley in January with failure to report child sexual abuse.Prosecutors dropped the charges against Williams in May. Nayadley entered a pre-trial diversion program in May with the agreement that the charges could be removed from his record if he complies with terms of that program, which include performing community service and taking a class on mandatory reporting.All three officials, as well as the Hamilton County Board of Education, have been sued by the victims family. The lawsuit says school officials knew Ooltewah athletes were being abused and did nothing about it. Air VaporMax 2018 Outlet . The judges scored it 48-47, 48-47, 49-46 for Jones (19-1). It was the champions closest call. Despite the loss, it was a remarkable show by the confident Swedish challenger, who had the best of the early rounds and then hung on in the fourth and fifth. Black Air VaporMax Shoes . 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The 20-year-old Calgary resident outraced the five-time Olympic goal medallist in the 50-metre backstroke Saturday at the Mel Zajac Jr. International Canada Cup. Suvurov will be the first to say the 50 back isnt one of Lochtes favourites. And the 28-year-old from Daytona Beach, Fla., is using the meet, being held at the University of British Columbia Aquatic Centre, as training for the U.S. World Championship trials. Still, a win is a win. "It felt good," said Suvurov, who will represent Canada at next months World Student Games in Kazan, Russia. "Its not my best time but Im happy. "Lochte really wasnt tapered." Suvurov, who moved to Canada from Russia with his parents six years ago, was timed in 26.39 seconds. Lochte, who won both his races Friday night, was second in 26.52 seconds. The personable Lochte chuckled when asked about Suvurov now having bragging rights. "He better not get used to it, for my sake," he said. "He swam a good race. "The 50 back, I really cant say much about it. As far as Im concerned 50s should not be in swimming. Too short of an event for me. I need a couple of turns." Any frustration Lochte felt over the loss were worked out in the 200-metre individual medley which he won in a meet record time of two minutes 0.15 seconds. Suvurov was third in 2:06.66. "I just wanted to go out there and race tough," said Lochte, the world record holder in the 200 IM. "What me and my coach talked about was the race strategy and my stroke technique, hitting the walls right. "I showed tonight. I am on the right track." It also was a good night for Torontos Brittany MacLean, who has battled injuries all season. MacLean, who swims at Georgia, won the 400 freestyle in 4:13.32. "Its nice to see a good result," said the 19-year-old who finished seventh in the same event at the 2012 London Olympics. "Its a pretty decent time for me right now. "I worked my arms more than normal just because I have a little bit of a weak leg. It feelt great all the way through.dddddddddddd Im encouraged and excited to get faster for the summer." MacLean began the year with a shoulder problem, then hurt her hamstring while qualifying for the Canadian team that will compete at the World Championships in August. Prior to the nights first swim Olympic medallist Brent Hayden was recognized in a special retirement ceremony. The former 100-metre freestyle world champion, and three-time Olympian, was presented with a plaque that contained his swimming history plus photographs and memorabilia. "It was amazing," said the 29-year-old who retired after winning a bronze medal at last summers London Olympics. "Sometimes I have to remember exactly what it was I accomplished over 10 years. "It almost brought a tear to me eye." Hayden, who was born in Mission, B.C., and attended UBC, remains the Canadian record holder in the 200, 100 and 50-metre freestyle. Tera Van Beilen of Oakville, Ont., won her second race of the weekend, taking the 200-metre breaststroke in 2:29.51. "I think I can only get better from here," said Van Beilen. "This is still within a hard training block. So the fact I am where I am now, despite what happened last week, its positive for me. I can only keep smiling as much as I can right now." Other womens races winners included Vancouvers Noemie Thomas, who took the 100-metre butterfly in 58.78; Calgarys Ingrid Wilm won the 50 backstroke in 29.58; Tianna Rissling of Redcliff, Alta., won the 200 IM in 2:17.30; and American Natalie Hinds was victorious in the 50 freestyle in 25.87. Among the mens winners was Vancouvers Coleman Allen, who won the 100 butterfly in 54.71; Victorias Jeremy Bagshaw the 400 freestyle in 3:53.56; American Bradley deBorde took the 50 free in 23.67; and Andrew Poznikoff, of Drumheller, Alta., the 200 breaststroke in 2:18.44. The womens 4x200-metre relay was won by the University of Calgary team of Rissling, Breanna Hendriks, Lindsay Delmar and Fiona Doyle in 8:26.02. The mens 4x200 relay was won by the Team Alberta squad of Hunter Balch, Marshal Parker, Anthony Lyons and Jonathan Brown, in 7:40.59. ' ' '