SCOTT COUNTY, Ky. (LEX 18) — Charges have been dismissed without prejudice against a former youth softball coach in Scott County accused of sexual abuse and sodomy involving a child.
In December of 2017, Robert McGee was arrested and charged with first degree sodomy and first degree sexual abuse. Police said the child was not a player.
McGee who was also a substitute teacher and worked for the Georgetown-Scott County Revenue Commission was accused of abusing the child over several years. Georgetown Assistant Chief Robert Swanigan described the accusations in a December 2017 interview, "The allegations are that our suspect sexually abused this female victim from 5 years old to 12 years old."
According to McGee's arrest citation, the victim told police McGee sexually abused her by touching, licking and "humping" her. In his police interview, officers reported that McGee confessed to them, "if she said he did it, that he agrees he did. He added, he got sexual gratification from these acts and never meant to her hurt her."
Now two years later Lex 18 has learned a judge dismissed the charges after prosecutors said they could not reach the victim or a witness in the case. Assistant Commonwealth's Attorney Rob Johnson said in a January third hearing, "There is strong evidence, but without the victim it's almost impossible to move forward."
Scott Circuit Court Judge Brian Privett reluctantly granted the request stating, "The allegation from the citation makes me a little uncomfortable with that, but we'll docket it for a year out and look at it again."
To dismiss with prejudice means McGee could be prosecuted in the future if the victim is located and cooperates. Under the law, all accused have the right to cross-examine their accusers.
While McGee is free, Commonwealth's Attorney Sharon Muse said she hopes it's temporary. She says her office is working with Georgetown Police to locate the victim and witness so they can put McGee in jail where she says he belongs.