Charges against former Warden coach could be dismissed

Macintosh must comply with terms of agreement

SPOKANE — Former Warden School District teacher and head coach of the Warden High School girls basketball team Robert T. Macintosh could get charges from an alleged sex offense dismissed from Spokane County Superior Court.

The charges stem from an alleged incident involving one of his former players while he was coaching a Whatcom County high school girls basketball team during a tournament in Spokane in the summer of 2003, according to court documents.

The investigating officer stated in court papers that Macintosh apparently forced one of the girls onto a hotel room bed and trapped her arms at her sides while his hands were on her breasts. He allegedly continued to lay on top of her in this manner as she cried and attempted to kick at Macintosh while she also yelled for help to the witnesses in the room.

In the officer's report, witnesses described the alleged incident similarly to the victim's statement to authorities. They also described other incidents, including one witness who claimed that Macintosh walked into the girls locker room unannounced while she was showering. The witness said she yelled at Macintosh and he left.

A charge of indecent liberties by forcible compulsion was filed on Dec. 22, 2004 in Spokane County Superior Court against Macintosh as a result of the alleged incident during the team's visit to Spokane for the tournament. A warrant was issued with the charges and the Moses Lake Police Department subsequently arrested Macintosh at his residence soon afterward.

Macintosh was living in Moses Lake at the time of his arrest while he was employed as a teacher and coach in Warden.

Macintosh, now 39, was hired in mid-2004 to fill both a teaching and coaching position in Warden, while the investigation into the alleged sex offense involving the Whatcom County high school girl continued.

School district officials in Warden were apparently aware that Macintosh was being investigated, but he was eventually hired.

"We knew there was an investigation and that was it," Warden School District superintendent Larry Blades told the Columbia Basin Herald earlier this year. "No administrator would put any kids in danger."

Early last month, both parties in the sexual offense case, including Macintosh and his attorney William J. Plonske along with Judge Linda G. Tompkins and Spokane County Deputy Prosecuting Attorney Kelly Fitzgerald, signed a joint motion to continue the case for 36 months.

The continuance is based on the agreement by both sides that Macintosh comply with a list of 20 stipulations described in court papers.

Included in the list of stipulations are terms such as, "No contact (with) the victim and her family," and "The defendant shall have no positions of trust over minors, including but not limited to coaching, teaching, or counseling minors." The terms also provide that Macintosh, "have no contact with non-family member minors without prior approval of the supervising agency," and commit no subsequent acts of violence, harassement, or assault related offenses."

If Macintosh violated any one of 20 stipulations over the next 36 months, a charge of fourth-degree assault, which he pleaded guilty to by accepting last month's continuance, will stick automatically with no chance of a trial on that charge. He agreed that the judge would likely read the police report and find enough to convict him.

The fourth-degree assault charge is considered a gross misdemeanor in Washington, which carries a maximum sentence of one year in jail.

In addition to the fourth-degree assault charge, Macintosh would also face the original charge of indecent liberties by forcible compulsion. The indecent liberties charge is considered a class-A felony with a minimum range sentence of 51-68 months.

Whether or not the sentences would run together or not would be up to a judge's discretion.

If Macintosh complies with all of the stipulations over the 36-month period, the statute of limitations would run out on the felony indecent liberties charge. As long as he follows all of the conditions, the fourth-degree assault charge will be dismissed.

The court will revisit the case on July 29, 2008, and all charges may be dismissed at that time subject to Macintosh's adherence to the terms and conditions of the agreement.

Court papers state that Macintosh is currently living in Pierce County, but no other information was available.