Civil Case May Lie Ahead In 'Forced Splits' Cheerleading Case
DENVER (CBS4) - The saga of the East High cheerleaders forced into the splits may not be over yet.
The Denver District Attorney's announcement Saturday of her decision not to file charges against former cheer coach Ozell Williams closes the criminal case.
A civil case, however, may be in the works. An attorney representing some of the cheerleader families did not immediately respond to a request for comment Sunday.
Ally Wakefield, a freshman at East High School, is one of eight cheerleaders shown on cellphone video being pushed down by their coach into painful extended splits.
After a police investigation, Denver DA Beth McCann determined that Coach Ozell Williams' actions do not warrant criminal charges.
The controversial power-stretching technique he used, however, may be grounds for a civil suit, said Karen Steinhauser, CBS4 Legal Analyst.
"That may have been something that was used at one time. Is it commonly used now?" Steinhauser said. "The purpose of the civil case isn't just about holding somebody responsible. It's about money damages," she added.
The evidence to prove wrongdoing in civil court is held at a much lower standard than in criminal court.
"Beyond a reasonable doubt," Steinhauser told CBS4's Melissa Garica. "That's a pretty high standard. With a civil case, the burden is only showing whether somebody is more likely to have done something perhaps negligently."
Ally's mom said her daughter's injuries, including a torn ligament, required months of physical therapy.
Steinhauser said attorneys will consider the injuries in deciding whether to move forward civilly. She said they will also look at whether the school and the coach were taking the right measures to keep students safe.
Civil action may not be immediate. Steinhauser said the statute of limitations for that type of case is typically two years.
Melissa Garcia has been reporting for CBS4 News since March 2014. Find her bio here, follow her on Twitter @MelissaGarciaTV, or send your story idea to mkgarcia@cbs.com.
