On this page:
  1. Examples Of Evidence For Each Crime Committed
  2. Publicly Available Information
  3. Legal Definitions For Each Crime Committed

Examples Of Evidence For Each Crime Committed

The WCS/GBC administrators and their SZD (now Ice Miller LLP) attorney Daniel R. Swetnam are hereafter collectively referred to as “the defendants”. A single example of the publicly available evidence that proves each of the crimes, as well as Misappropriation of money (and possible Obstruction Of Justice), was indeed committed by the defendants follows.
Refer to the Legal Definitions For Each Crime Committed for the legal definition for each of these crimes.

CRIMINAL NEGLIGENCE

The defendants are guilty of willful Criminal Negligence. The statement below was secretly recorded in March 2006 (over a year and a half before the defendants got caught) as several of the defendants acknowledged between one another that there was indeed a "big-time liable" “risk” to the students by the admitted and confirmed (by FCCS) repeat child molester Dwayne Smith. Note too that the defendants had also been warned about the repeat child molester Jason Crary and they were also aware of the child molestation issues with Bill Williams when this statement was made as reported in the Columbus Dispatch newspaper of Wednesday, October 17, 2007:

"We understand that if something happens between Dwayne and a student, we will be big-time liable,"
executive pastor Jim Augspurger said on the recording.
"That's a risk we take. I think before God we did the right thing and it may not be the worldly, may not even be the most prudent thing, but it is something we have done,"
he said.
"We've wiped the slate clean. I understand the situation it puts us in."

DECEPTION

Occurred during the Criminal Negligence described above. The defendants are guilty of willfully breaking and ignoring laws, rules, and regulations (e.g. Child Molesters not allowed within 1,000' of a school) while deceiving the consumers into believing that the defendants were abiding by the law and practicing and teaching "Christian" values of "safety, honesty, truth, integrity, and sincerity". However, WCS in fact was practicing and teaching-by-example "danger, deception, fraud, cover-ups, and conspiracy" as well as extreme hypocrisy. Rules ignored include those of the current WCS Child Protection Plan (CPP) which was adopted by the defendants merely in an attempt to avoid being discovered and held accountable after the defendants got caught and realized that they might lose their jobs and be held accountable for their criminal offenses against and resulting harms to the consumers.

FRAUD

Occurred during the Criminal Negligence and Deception described above. The defendants are guilty of willful Fraud and using "Deceptive Sales Practices" by making claims such as:

"His last background check, July 31, 2006 was spotless"
while they knew the man was an admitted and confirmed (by FCCS) repeat child molester who blamed his victim. The defendants intentionally misrepresented the truth as they withheld crucial information from the consumers. The consumers relied upon the claims made by the defendants and the defendants benefited monetarily from the consumers due to those fraudulent claims. The defendants clearly and fully understood that if the consumers had known that the students were being taught and coached by repeat child molesters, the consumers would have immediately removed the students from the school and stopped paying money ($60,000 per student) to the school as well as the church.

COVER-UP

Occurred during the Criminal Negligence, Deception, and Fraud described above. The defendants are guilty of working to Cover-Up these offenses against the consumers while protecting their repeat child molesters and themselves from being caught as indicated in the audio recording, CoverUp.mp3, which was made during the WCS Parents meeting on February 28, 2008, when Brian Penn stated the following about the fact that the WCS/GBC administrators were covering up the fact that one of the child molesters had repeatedly molested a 13-year-old student against her will and did not merely have an adulterous affair with a consenting adult:

"I was a Lead Pastor here for eight years and a Director Of Junior High Youth Ministries in the past. This is a Watergate. The church covered it up. I was in the meetings. I've known all these years that it was a student. And I was told to get back to wiping noses and not to let it out."

CONSPIRACY

Occurred during the Criminal Negligence, Deception, Fraud, and Cover-Up described above. The defendants agreed with one another that they would prevent the parents from learning about the "big-time liable" “risk” (the defendants’ own words) to the students as the defendants continued to deceive and defraud the parents and endanger the students for many years with repeat child molesters. The defendants understood that those repeat child molesters would surely be tempted to molest again while being surrounded by a huge supply of potential and completely trusting victims which those child molesters were given authority over.

MISAPPROPRIATION

The defendants are guilty of Misappropriation of money, which was intended for educating the students, for investigations that were merely an attempt to avoid being discovered and held accountable after they got caught and realized that they might lose their jobs after committing these offenses against and harming the consumers.

POSSIBLE OBSTRUCTION OF JUSTICE

The crimes above were clearly committed. However, based on statements from law enforcement and other agencies, it appears that the crime of Obstruction Of Justice might also apply in this case as well.

Note the statement below from Sergeant John W. Slaughter of the Criminal Investigations Unit of the Worthington Division of Police in regard to this matter:

“Additionally, if at the time you felt deceived or defrauded, you could have simply removed your child from the school.”

Evidently, someone deliberately mislead Mr. Slaughter or else this “Investigator” does not understand that we were clearly being “deceived” and we did not know it (refer to the appendix for the definition of the word "Deception"), otherwise, as any decent parent would have done, we would have immediately removed our child from the school and stopped paying money to WCS but we were obviously being “defrauded” (refer to the appendix for the definition of the word "Fraud").

Mr. Slaughter had been provided all of the facts currently available including the audio recording made during the WCS Parents meeting on February 28, 2008 when Brian Penn stated the following in regard to one of the child molesters repeatedly molesting an eighth grade student:

"I was a Lead Pastor here for eight years and a Director Of Junior High Youth Ministries in the past. This is a Watergate. The church covered it up. I was in the meetings. I've known all these years that it was a student. And I was told to get back to wiping noses and not to let it out."

It must be made clear that we parents had no idea that Dwayne Smith nor Jason Crary (nor Bill Williams who now claims to merely having an “inappropriate emotional attachment” with a student who accused him several times of child molestation) had repeatedly molested students. We parents only learned about these facts after the defendants got caught deliberately endangering our children and deceiving and defrauding us about it while conspiring to cover it up for over 10 years.

Note the statements below by WCS/GBC attorney Daniel R. Swetnam in the Columbus Dispatch of Wednesday, October 17, 2007 3:28 AM in regard to the child molester who repeatedly molested a 13-year-old student against her will and later blamed her for it by stating “She had been coming on to me for a while”:

"We think Dwayne is a great teacher, a great coach. He's an outstanding person to have here,"
said the school's attorney, Daniel R. Swetnam.
"We didn't want to arbitrarily throw someone under the bus."
And:
"There's no dispute that Dwayne acknowledged and confessed his sins,"
Swetnam said.
"We recognize that all of us are sinners. We're not going to just throw him or anyone else overboard."

There is indeed a “dispute” in that this “confession” is when the “Conspiracy to Deceive” by GBC began back in 1996. It is important to understand that only a very small percentage of WCS parents attend(ed) that particular church and the few who did attend that church and were present during that “confession” have stated that they were mislead into believing that the “confession” was in regard to an adulterous affair with a consenting adult and NOT in regard to repeatedly molesting a 13-year-old student for which Smith later blamed her for it after his supposed “confession, counseling, forgiveness, accountability, and eventually restoration”.

Note the information below from Judi Welsh as given in the Columbus Dispatch of Wednesday, October 17, 2007 3:28 AM in regard to that confession that Swetnam claims there is "no dispute" over:

Welsh remembered the day in 1996 when Smith asked the Grace Brethren congregation for forgiveness but did not explain what he had done.

As stated by Greg Rank in the Columbus Dispatch of Monday, October 22, 2007 3:37 AM:

"My children are students at WCS and I am very grateful that you have brought this to our attention,"
parent Greg Rank wrote in an e-mail to The Dispatch.
"My wife and I had no idea about this situation."

The defendants clearly understand that this case is not at all about arbitrarily throwing sinners under the bus or overboard. This case is about the defendants deliberately throwing the students under the bus and then throwing the parents overboard.


Publicly Available Information

(with indisputable and overwhelming evidence)

The list below is publicly available information given chronologically. It gives just some of the indisputable and overwhelming evidence against the WCS/GBC administrators and their SZD (now Ice Miller LLP) attorney for their Conspiracy of Criminal Negligence, Deception, Fraud, and Cover-Ups against we parents and the students.
Left click on an underlined item to view the document or listen to the audio recording.
Right click on an underlined item to download the document or audio recording.

1_WCS_NEWS_DS.doc (10/17/2007)
1_WCS_NEWS_DS.htm (10/17/2007)
Columbus Dispatch newspaper, Wednesday, October 17, 2007 at 3:28 AM.
News story about WCS Teacher/Coach/Youth Director Dwayne Smith, the admitted and confirmed (by FCCS) repeat child molester and the “big-time liable” “risk” who blamed his 13 year old victim by saying “She had been coming on to me for a while.after his supposed “confession, counseling, forgiveness, accountability, and eventually restoration”.
NOTE: The defendants had known from 1996 (for over a decade) that Dwayne Smith, son of the then WCS Superintendent Taylor Smith, was an admitted and confirmed (by FCCS) repeat child molester.
We parents only learned these facts when the defendants got caught.

2_WCS_NEWS_JC.doc (10/23/2007)
2_WCS_NEWS_JC.htm (10/23/2007)
WBNS-10TV, Tuesday, October 23, 2007 at 6:13 PM.
News story about WCS Teacher/Coach/Youth Director Jason Crary, the accused repeat child molester arrested at WCS that day for child molestations in Wisconsin (which he eventually plead guilty to and was imprisoned for).
The story states that: “Worthington Christian said it knew of no accusations in Ohio against Crary”.
NOTE: The defendants later acknowledged that WCS/GBC indeed knew of the accusations in Wisconsin against Crary from at least 2002 when the Superintendent at Heritage Christian Schools (HCS) of Wisconsin called WCS/GBC and warned them about Crary repeatedly molesting a student.
We parents only learned these facts after the child molester was arrested at WCS.

3_CraryKnown.mp3 (10/25/2007)
Recorded at first Parents Meeting after WCS/GBC administrators got caught.
Audio recording that WCS/GBC knew about Jason Crary child molestations back in 2002 (for which he later plead guilty to and went to prison for after WCS/GBC got caught).

4_BillsClaims.mp3 (10/25/2007)
Recorded at first Parents Meeting after WCS/GBC administrators got caught.
Audio recording of WCS Superintendent Bill Williams describing several child molestation claims made against him (for which he now claims were merely an "inappropriate emotional attachment" with the student(s)).

5_Q2WhoKnew.mp3 (10/25/2007)
Recorded at first Parents Meeting after WCS/GBC administrators got caught.
Audio recording of parent asking WCS/GBC for the names of the people at WCS/GBC who knew about the child molester(s), but WCS/GBC refuses to give the names of those who knew.

6_JustSayYes.mp3 (10/25/2007)
Recorded at first Parents Meeting after WCS/GBC administrators got caught.
Audio recording of parent asking WCS/GBC if admitted and confirmed (by FCCS) repeat child molester Dwayne Smith would still be employed at WCS if WCS/GBC had not been caught, and WCS/GBC refuses to just say “Yes”.

7_FCCSFinding.mp3 (10/25/2007)
Recorded at first Parents Meeting after WCS/GBC administrators got caught.
Audio recording of parent asking WCS/GBC what the FCCS findings were about the admitted repeat child molester (that WCS/GBC deliberately withheld from the parents and that the FCCS never cooperated with the Worthington Police about), and the WCS/GBC response that “sexual misconduct was substantiated”.

8_DirtyPigs.mp3 (10/25/2007)
SOMETHING TO CHUCKLE ABOUT?
Recording of WCS/GBC spokesman referring to the Columbus Dispatch as dirty pigs for that newspaper having the decency to inform the parents the truth about the WCS/GBC administrators deliberately putting the students at "big-time liable" "risk" while deceiving and defrauding the parents about it.
The parents chuckling along with their deceivers (i.e. the WCS/GBC administrators) in that recording clearly demonstrates the ease at which those parents who remain behind at WCS can be and have been manipulated by their proven dangerous deceivers.

9_CoverUp.mp3 (2/28/2008)
Recorded at second Parents Meeting after the bogus WCS/GBC investigation (Combined_Reports.pdf) report came out. That report foolishly states that “WCS has never attempted to cover up any improper acts”.
However, one of those who attended the cover-up meetings stated publicly the following about the fact that GBC and WCS were covering up the fact that one of the child molesters had repeatedly molested a 13 year old student against her will and did not merely have an adulterous affair with a consenting adult:

"I was a Lead Pastor here for eight years and a Director Of Junior High Youth Ministries in the past. This is a Watergate. The church covered it up. I was in the meetings. I've known all these years that it was a student. And I was told to get back to wiping noses and not to let it out."


Legal Definitions For Each Crime Committed

CONSPIRACY from http://definitions.uslegal.com/c/conspiracy/

Conspiracy is a separate offense, by which someone conspires or agrees with someone else to do something which, if actually carried out, would amount to another Federal crime or offense. It is an agreement or a kind of partnership for criminal purposes in which each member becomes the agent or partner of every other member. It is not necessary to prove that the criminal plan actually was accomplished or that the conspirator was involved in all stages of the plannig or knew all of the details involved. The main elements that need to be proven are a voluntary agreement to participate and some overt act by one of the conspirators in furtherance of the criminal plan. If a person has an understanding of the unlawful nature of a plan and knowingly and willfully joins in that plan on one occasion, that is sufficient to convict him for conspiracy even though he had not participated before and even though he played only a minor part. A conspiracy may exist when the parties use legal means to accomplish an illegal result, or to use illegal means to achieve something that in itself is lawful.

CRIMINAL NEGLIGENCE from http://definitions.uslegal.com/c/criminal-negligence/

Criminal negligence is negligence which requires a greater degree of culpability than the civil standard of negligence. The civil standard of negligence is defined according to a failure to follow the standard of conduct of a reasonable person in the same situation as the defendant. To show criminal negligence, the state must prove beyond a reasonable doubt the mental state involved in criminal negligence. Proof of that mental state requires that the failure to perceive a substantial and unjustifiable risk that a result will occur must be a gross deviation from the standard of a reasonable person. Criminal negligence is conduct which is such a departure from what would be that of an ordinary prudent or careful person in the same circumstance as to be incompatible with a proper regard for human life or an indifference to consequences. Criminal negligence is negligence that is aggravated, culpable or gross.

DECEPTION from http://en.wikipedia.org/wiki/Deception_(criminal)

Any deception (whether deliberate or reckless) by words or conduct as to fact or as to law, including a deception as to the present intentions of the person using the deception or any other person.
Deliberate or reckless A deception will be deliberate when the defendant knows that what he represents as true is untrue. This is predominantly a subjective test, matching the general approach to establishing intentional behaviour. The test of recklessness is also predominantly subjective to show that the defendant is aware that what is represented may or may not be true, excluding the extended meaning of recklessness in R v Caldwell [1982] AC 341.

From http://legal-dictionary.thefreedictionary.com/deception
The act of misleading another through intentionally false statements or fraudulent actions.

FRAUD from http://definitions.uslegal.com/f/fraud/

Fraud is generally defined in the law as an intentional misrepresentation of material existing fact made by one person to another with knowledge of its falsity and for the purpose of inducing the other person to act, and upon which the other person relies with resulting injury or damage. Fraud may also be made by an omission or purposeful failure to state material facts, which nondisclosure makes other statements misleading.

To constitute fraud, a misrepresentation or omission must also relate to an 'existing fact', not a promise to do something in the future, unless the person who made the promise did so without any present intent to perform it or with a positive intent not to perform it. Promises to do something in the future or a mere expression of opinion cannot be the basis of a claim of fraud unless the person stating the opinion has exclusive or superior knowledge of existing facts which are inconsistent with such opinion. The false statement or omission must be material, meaning that it was significant to the decision to be made.

Sometimes, it must be shown that the plaintiff's reliance was justifiable, and that upon reasonable inquiry would not have discovered the truth of the matter. For injury or damage to be the result of fraud, it must be shown that, except for the fraud, the injury or damage would not have occurred.

To constitute fraud the misrepresentation or omission must be made knowingly and intentionally, not as a result of mistake or accident, or in negligent disregard of its truth or falsity. Also, the plaintiff must prove that the defendant intended for the plaintiff to rely upon the misrepresentation and/or omission; that the plaintiff did in fact rely upon the misrepresentation and/or omission; and that the plaintiff suffered injury or damage as a result of the fraud.
Damages may include punitive damages as a punishment or public example due to the malicious nature of the fraud.

COVER-UP from: http://en.wikipedia.org/wiki/Cover-up

A cover-up is an attempt, whether successful or not, to conceal evidence of wrong-doing, error, incompetence or other embarrassing information. The expression is usually applied to people in authority who abuse their power to avoid or silence criticism. Those who cover up may be those responsible for a misdeed or their allies, or simply people with an interest in silencing criticism.

When a scandal breaks, the discovery of an attempt to cover up is often regarded as even more reprehensible than the original deeds.

MISAPPROPRIATION from http://definitions.uslegal.com/m/misappropriation-law/

Misappropriation is the intentional, illegal use of the property, ideas, or funds of another person for one's own use or other unauthorized purpose, especially by a public official, a trustee of a trust, an executor or administrator of a dead person's estate or by any person with a fiduciary duty to care for and protect another's assets. It is a felony, punishable by a prison sentence.

OBSTRUCTION OF JUSTICE from http://definitions.uslegal.com/o/obstruction-of-justice/

Obstruction of justice is an attempt to interfere with the administration of the courts, the judicial system or law enforcement officers. It may include tampering with or intimidating, hiding evidence or interfering with an arrest. It is something a person does to impede the administration of a court process or proper discharge of a legal duty. Interference may be with the work of police, investigators, regulatory agencies, prosecutors, or other (usually government) officials. Often, no actual investigation or substantiated suspicion of a specific incident need exist to support a charge of obstruction of justice. Such activity is a crime.


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