Tuesday, August 27, 2013

Brunswick youth football coach banned until lawsuit settled

Published: Monday, August 26, 2013 at 5:23 p.m.
Last Modified: Monday, August 26, 2013 at 5:23 p.m.

A Brunswick County man will not be able to resume his position as a youth football coach until a civil suit alleging he shouldn't have been on the sidelines is decided.

According to court documents, Brian McDowell was coaching a team called the Lockwood Folly Chiefs on Oct. 6, 2012, when he allegedly ordered a player to illegally hit Kasey Hollar, a 12-year-old opponent.

At a hearing Monday, Judge Ola Lewis upheld the restraining order filed by Richard Hollar and his son against Brunswick County, saying it should remain ?steadfast? until a suit asking McDowell be banned from coaching is decided. A discovery period and mediation between the two parties likely will be the next step.

A player on McDowell's team sprinted at Hollar, who was playing center, from a distance of about 15 yards before the snap, hitting him while his head was down and resulting in a concussion and whiplash.

Afterward, according to an affidavit read by Alex Dale, the Hollars' attorney, McDowell was heard saying, ?We needed to do something to take care of the way he was acting.?

McDowell's assistant, William Powell, originally was named in the suit, but has since resigned his coaching position.

McDowell, 34, was charged with injury to personal property in a domestic dispute in 2008, a driving-while-impaired charge in 2009 and possessing an open container in 2011. Since 1998, the suit alleges, McDowell has been charged with at least 14 misdemeanors.

Huey Marshall, Brunswick County's attorney, argued McDowell's record is OK according to the county's existing standards.

?Strictly speaking,? Marshall said, ?Mr. McDowell's record does not violate the county's policy of a background record check.?

Currently, the policy gives applicants a one-year ban for driving-while-impaired or drunk-and-disorderly convictions, and a seven-year ban for crimes such as child endangerment, embezzlement, fraud and providing alcohol to a minor.

Dale argued McDowell should be banned for 10 years for violating the county's repeat offender clause because of the driving while impaired and open container charges.

?We have two incidents of alcohol and automobile combined,? Dale said. ?Mr. McDowell should be banned under the repeat offender clause.?

McDowell contends that he was only convicted of the driving-while-impaired charge and served a one-year ban for it in 2009.

The Hollars also say McDowell should be banned for one year for both the domestic violence incident and the open container violation.

In addition, the Hollars allege that the action violated a code of conduct volunteers must abide by that says coaches must ?Protect the health and safety of my players by insisting that all of the activities under my control are conducted for their psychological and physiological welfare. ...?

The 2012 incident wasn't the only time McDowell ordered a hit resulting in injury, Dale said.

In 2011, McDowell allegedly ordered a hit that resulted in a child losing feeling in his legs and needing to be taken away by an ambulance.

As a result of the lawsuit, the Brunswick County Commissioners will likely consider stiffening their background check policy at their Sept. 16 meeting.

If the changes are approved, the one-year bans would be increased to five years and the seven-year bans would be upped to 15 years.

Adam Wagner: 343-2096

On Twitter: @adamwagner1990

Source: http://www.starnewsonline.com/article/20130826/articles/130829703

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