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Personal Injury Lawyers - Dallas - Texas
Friday, September 16, 2005

Backlash continues in Flower Mound


By Leila Fadel and Ben Tinsley

Star-Telegram Staff Writers

FLOWER MOUND - At Flower Mound High School, the wrestling team has been a source of pride.

Since coach Charles Michael Zascavage arrived in 2003, the 70-plus member team achieved a district title and placed third in the state.

But activities at an Aug. 27 pool party to kick off a new season and build team spirit have shattered that image.

Zascavage surrendered to police Thursday after an arrest warrant accused him of hazing. Warrants for 18 team members have also been issued, with accusations ranging from hazing to aggravated sexual assault.

The school policy has been to stay mum, but rumors are flying through the hallways, students said.

"I'm kind of shocked," said freshman Brittni Kelly, 14. "I thought we were a good school."

Police believe the team hazed its new members during a four-hour pool party at a home in the 3000 block of River Bend Trail in Flower Mound. At least five boys were hit, kicked in the groin, slapped repeatedly and thrown in the pool while onlookers, including Zascavage, could see the violence from the balcony of the home, according to police documents.

Team members -- as many as four at a time -- would grab one of the younger boys and hold him up while other boys slapped him repeatedly with their hands, said Mary Alice McLarty, a Dallas attorney representing two of the victims who were not sexually assaulted.

As the party continued, the hazing escalated, she said. At least five boys, three younger than 14, were slapped, punched and kicked in the groin, the attorney, relatives and police documents said. Police say one boy was sexually assaulted.

"It got very violent and disgusting," McLarty said. "The biggest injuries are them being afraid and scared."

At one point, the coach spoke to one of the boys who said he felt like he was being choked.

Zascavage did nothing to stop the attacks, police documents stated. During most of the party the coach stood on the balcony with full view of the pool where the hazing was occurring. As he left, he told police, he saw a red mark on the lower back of one of his wrestlers. Again he did nothing, according to police documents.

When one student asked him to stop the abuse all he did was tell the older boys to "not be too rough," McLarty said.

Some parents also attended the party but were not accused of hazing.

Police said there is no evidence that alcohol was used by anyone at the party. Other adults attended the party, "but we don't know how many or what they were doing," Mitchell said.

Zascavage, 44, surrendered to the Denton County Sheriff's Department about 9:45 a.m. and was freed on $500 bail, Police Lt. Wendell Mitchell said.

Zascavage is accused of a single count of hazing, which is a Class B misdemeanor. It is unclear what actions led to the allegation.

He has been removed as team coach, Lewisville school district officials said.

Throughout Thursday and today, accused students _ some alone and others in small groups _ trickled into the Flower Mound Police Department to turn themselves in. Their parents declined to comment.

The remaining two students are expected to come forward by today's 6 p.m. deadline. If they don't, police will go get them, Mitchell said.

Five of the students are legally adults, age 17 or older. Three of the 13 minors are suspected of aggravated sexual assault, a first-degree felony, Mitchell said. Those three were taken to the juvenile detention center in Denton after surrendering Friday.

Flower Mound lawyer Roy G. Morris is representing five of the accused students, including the three accused of aggravated sexual assault.

"At this point, we're in the infancy of finding what the facts are," he said. "We're not being provided full access to the reports. I have learned more about what's happening from news reports."

Police have identified four of the students, Dustin Everett, 17, Nathan Marks, 18, Cory Talbert, 17, and Thomas Pinckard, 17. Everett and Talbert were arrested on three counts of assault and one count of hazing.

The names of the last adult student will not be released until after their arrests.

Zascavage will still be allowed to teach, said Tohma Morrison, district communications coordinator. Zascavage, who teaches business management and ownership, has not returned several calls to his home and cellphone this week.

The district has also disciplined 16 students because of the incident, with possible punishment ranging from in-school suspension to out-of-school suspension or placement in the district's disciplinary alternative program, Morrison said.

The students could face additional disciplinary action, he said.

The coach and team members, however, have supporters in a controversy that has divided the school's student body and parents.

Dana Maggs of Flower Mound, whose son Drew was on the school's wrestling team, disputes rumors that hazing is common in the wrestling program.

"I have been watching this ugliness on the news and reading it in the papers," Dana Maggs said. "I feel its time for me to speak on behalf of a very good coach and friend."

Zascavage became the Flower Mound High wrestling coach in 2003. The following year, he led Flower Mound to third place in the Texas High School Wrestling Coaches Association State Dual Championships, and won the UIL District 9 team title.

Colleyville Heritage High School coach David Traver said his wrestlers have a high opinion of Zascavage, who worked with many area wrestlers in the off-season through a state freestyle and Greco-Roman wrestling program.

"He's done a great job with Flower Mound. They were tough last year," Traver said. "He takes his teams to camps every year, and he wanted to help kids from all around the area, not just his school."

In the meantime, teachers and administrators at Flower Mound High are trying keep the focus on education. Officials are looking for a replacement to run the wrestling team, and teachers have been instructed not to talk about the incident during their classes, Morrison said.

"They are trying to go on with their regular school day," Morrison said. "It's gotten everyone kind of stirred up. ... They still have classes to operate and kids to educate."

Superintendent Jerry Roy declined to comment.

But McLarty said she wants to make sure someone is held accountable for not providing the supervision the students needed.

"When kids go to a swimming party at a pool, the parents are expecting someone there to make sure nothing happens to them," McLarty said.

SOURCE: Flower Mound Police Department


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[Mary Alice McLarty]

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