Arrest affidavit suppressed, new document to be issued
July 29, 2015 at 11:36 p.m.
Updated July 30, 2015 at 6 a.m.
GOLIAD - An arrest warrant affidavit for a Goliad High School football coach was tossed out during a pre-trial hearing Wednesday on a technicality.
However, the prosecutor in the case said he intends to refile the affidavit within days, allowing the case to continue.
Kyle Taylor was arrested June 30 and charged with harassment, a Class B misdemeanor, after a Goliad County Sheriff's Office investigation. He posted a $2,500 bond after his arrest. After not having his contract renewed, Taylor later was reinstated as head coach although he stands accused of harassing a student.
Taylor's attorney, Brent Dornburg, asked Goliad County Judge Pat Calhoun at Wednesday's hearing to suppress the original affidavit that led to the arrest. His main reason for asking for the suppression was that a signature was missing from the document. Sgt. John Pape of the Goliad County Sheriff's Office swore to what was documented in the affidavit, but he did not sign or state that he believed an offense had occurred, Dornburg said.
Calhoun granted the motion to suppress.
Before Calhoun ruled on the motion Wednesday, both parties agreed to bond conditions that included Taylor staying at least 300 yards from his accuser and her residence and not being in the presence of the accuser during classroom activities in the school's event center.
But because the arrest warrant affidavit was suppressed, Taylor's bond was released, removing restrictions on where he can go.
However, that freedom will exist for only a few days, said Rob Baiamonte, Goliad County attorney and the prosecutor in the case. He said his office plans to submit an amended affidavit and pursue a warrant for Taylor's arrest again on the same charge.
Calhoun's ruling invalidated the arrest warrant affidavit that detailed alleged encounters with students during which Taylor is accused of making sexual references about women coaches and about a substitute teacher at the high school. The affidavit also accuses Taylor of attempting to set up a sexual encounter between another male coach and another girl student.
The document further alleges Taylor made sexually explicit and profanity-filled statements to the girl student.
Baiamonte also announced he would seek a change of venue to gather an impartial jury.
Dornburg said Baiamonte wanted a change of venue after heavily publicizing accounts from accusers.
"He's the one publicizing this, judge," Dornburg said.
Baiamonte is trying to embarrass the coach, Dornburg added in and out of court.
Baiamonte said after the hearing that accusations were brought to his attention and he's just doing his job.
"It's not a conspiracy. I don't even know this guy," he said. "I'd rather people be mad at me for doing my job than the victim being mad at me for not doing my job."
The change of venue hearing is scheduled for 1:30 p.m. Sept. 2 at the Goliad County Courthouse. Future meeting dates could be affected by the decision made in the next hearing, Calhoun said.