CLARKSVILLE, TN (CLARKSVILLE NOW) – A former Kenwood High School assistant principal who had been charged with aggravated statutory rape of a 17-year-old has pleaded down to assault and got a “nolle” dismissal with judicial diversion, according to online court records.
In April 2022, Garry James Chadwell, 49, who was also the school’s athletic director, was accused of having sexual relations with a teenager.
On the rape charge, on or about Jan. 22, 2022, Chadwell had the 17-year-old sexually penetrate him without the teenager’s consent, according to the indictment obtained by Clarksville Now.
According to the District Attorney’s Office, the victim and Chadwell met while at a local health club. There were no other connections between them, and the victim did not attend Kenwood High. The incident did not take place on school property.
‘Nolle’ dismissal with judicial diversion
Chadwell received the “nolle” dismissal on Thursday. The term “nolle prosequi” comes from the Latin phrase meaning “unwilling to pursue.” The “nolle prosequi” is a public record that might appear in a background check but is unlikely to interfere with individuals getting a job since it means the underlying prosecution was terminated without a conviction.
“We did not have a cooperating witness,” District Attorney General Robert Nash told Clarksville Now. “We assess every case based on the proof we can put forward in front of a jury. Without a cooperating victim, it’s hard to put forward a lot of proof.
“If it (judicial diversion) is successfully completed, got a right to a dismissal, once the dismissal is signed by the judge, then it is expungable,” said Art Bieber, assistant district attorney.
Originally, Chadwell was charged with statutory rape and a second count of aggravated statutory rape.
Can Chadwell return to CMCSS?
Chadwell began working with CMCSS in 2014, starting as principal at Northeast High School.
In 2016, he requested an administrative transfer to assistant principal at Kenwood High, the records state.
“CMCSS does thorough TBI/FBI background checks on all candidates and reviews personnel files of previous employees who reapply. If a candidate pleaded guilty or was found guilty of a misdemeanor or felony assault charge involving a minor, we would not consider them for employment,” said CMCSS spokesman Anthony Johnson.
Chadwell’s attorney, Jeffry Grimes, declined to comment.
Correction: Jeffry Grimes’ first name was misspelled in an earlier version of this article. It has been updated.