Case against Wilson coaches dismissed

WILSON, N.Y. (WIVB) - A Wilson Town Court Justice has dismissed the case against two Wilson High School coaches.

The coaches were facing three counts of endangering the welfare of a child in connection with a hazing incident that happened on a school bus last year.

The Niagara County District Attorney's office had requested that the case be dismissed and that motion was accepted by Wilson Town Court Justice George Berger.

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Two former Niagara County high school coaches accused in a hazing incident are headed to court Monday.

Ex-Wilson High School baseball coaches Thomas Baia and William Atlas are charged with child endangerment.  Prosecutors said the coaches failed to act during the alleged assault aboard a bus.

Both Thomas Baia and William Atlas are facing three counts each of endangering the welfare of a child. Investigators said both men were on a bus ride home from a game in April of 2008 when an alleged assault took place.

Police said three teenagers were hazing younger players. Prosecutors said the coaches failed to stop the assaults. Attorneys for both men said their clients are being charged for doing nothing at all.

"If you're gonna be charged with violating a crime, a specific statute and a specific allegation that you acted in a certain way, their proof is you acted by not acting," said Thomas Baia's attorney Robert Viola.

Last week, a trial against two 17-year-old defendants ended with the Town Justice reserving his decision. The teens are charged with forcible touching and first and second degree hazing.

Both were granted youthful offender status. It's believed the judge is with-holding his decision on that case until after the coaches' trial.

A third former player, who is now 19, pleaded guilty to child endangerment last may. He's expected to be sentenced on that charge on August 18.