Updated: Gibson indicted again; BG man accused of raping 15-year-old

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A Bowling Green man accused of inappropriate contact with a student has been indicted again, this time for three counts of rape.

A Wood County grand jury on Thursday indicted Zachary James Gibson, 31, for three counts of rape, all first-degree felonies; six counts pandering sexually oriented matter involving a minor or impaired person, all second-degree felonies; and three counts gross sexual imposition, all fourth-degree felonies.

He also was indicted for one count disseminating matter harmful to juveniles, a fifth-degree felony; illegal administration or distribution of anabolic steroids, a fourth-degree felony; importuning, a fifth-degree felony; and two counts failure to comply with underage alcohol laws, both unclassified misdemeanors.

He was arrested on these charges Thursday.

Gibson had first been indicted in June 2022 for two counts of sexual battery, both third-degree felonies; two counts of illegal use of minor or impaired person in nudity-oriented material or performance, both fifth-degree felonies; and attempted illegal use of minor or impaired person in nudity-oriented material or performance, also a fifth-degree felony.

At the time of these accusations, Gibson was a strength and conditioning coach at Bowling Green High School and was employed by Fastrak Performance. The company has since closed.

The new charges stem from Gibson’s employment with Fastrak, where, as part of his employment, he assisted high school athletes as a strength and conditioning coach.

It is alleged that this access to some of these students resulted in the charges, according to Wood County Prosecutor Paul Dobson.

The three new rape charges allege that on July 2-3, 2021, Gibson engaged in sexual conduct with the same boy, who was 15 at the time, and the ability of the alleged victim to resist or consent was substantially impaired because of mental or physical condition.

The GSI charges allege sexual contact with the same boy, during the same time period. Gibson allegedly knew the boy’s ability to resist or consent was substantially impaired because of physical condition.

The pandering also allegedly occurred from July 2-3, 2021, when Gibson allegedly created, photographed, reproduced or published material that showed a minor participating or engaging in sexual activity or masturbation.

On March 27, 2022, Gibson allegedly furnished or showed the boy or a law enforcement officer posting as juvenile material that was obscene.

He also is accused of providing the boy with alcohol twice, on July 2-3, 2021, and March 27, 2022.

On or about Sept. 2, 2020, Gibson allegedly solicited a separate boy who was 15 at the time to engage in sex.

Finally, from Sept. 2-Dec. 14, 2020, Gibson allegedly administered an anabolic steroid. It is unclear whether he allegedly used the steroids himself or administered it to another person.

“These charges are related to two new victims,” said Wood County Assistant Prosecuting Attorney Dexter Phillips at a Thursday hearing while referring to the June indictment.

Phillips said it was the state’s intent to file a motion to merge the two cases for trial.

“These victims are going to have to testify in each other’s trials,” he said. “There’s no way to avoid that.”

Phillips said the new alleged victims are witnesses in the first case.

These children should not be put on the stand multiple times at multiple trials and explain what they saw and what happened to them, he said.

Phillips said while there are separate victims in the two cases, the charges constitute a scheme or plan of Gibson’s.

“These boys know each other, they had contact with the defendant through the same sources,” Phillips said.

Ten minors, according to court documents, have been subpoenaed for the trial.

Phillips asked the judge to vacate the trial, which was scheduled to start Tuesday, in light of the new charges.

“We are prepared to go,” said defense attorney Sara Roller about next week’s trial.

She said the state acquired all the information from Gibson’s phone on June 30, 2022.

“They waited until Jan. 6 to meet with one of the minor witnesses who, now I believe, will be a victim,” she said. “Now, a year after this investigation began, we have a new indictment.”

Kuhlman granted the state’s request to vacate the trial.

According to the June indictment, Gibson allegedly engaged in sexual conduct with the same 16-year-old while he was a coach “or otherwise in a position of temporary or occasional disciplinary control over the boy.”

The offenses reportedly occurred on or about March 1, 2022, and April 30, 2022, while Gibson worked with the baseball and basketball teams at Bowling Green High School.

Gibson was never employed directly by the school district.

He also was accused of possessing or viewing material or performance that showed a minor in a state of nudity. These offenses allegedly occurred between Feb. 1. 2-22 and March 5, 2022.

Gibson will be arraigned on the new charges April 21, at which time Kuhlman will set bond and rule on all motions.

Motions by the state include a request to compel the defense to disclose statements made by three witnesses to the public defender’s office. If those statements are not turned over, the witnesses and the statements should be excluded from the trial.

Roller requested the court deny the motion, stating that the information is protected by law and the state had interviewed at least one of the witnesses in April 2022.

Roller has filed a motion requesting the court prohibit the state or any of its witnesses from referring to any prior bad acts as that would violate Gibson’s right to a fair trial.

Gibson was sentenced in November 2010 in Hardin County Municipal Court for disseminating matter harmful to juveniles, a misdemeanor offense, according to the Ada Herald.

He had been arrested in a park restroom after village police were alerted to text messages Gibson, who was 18 at the time, had sent to a 14-year-old boy.

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