A Wood County detective testified how the sheriff’s department became involved in the investigation into an alleged rape of a student athlete by a former strength coach.
The defense, however, questioned the thoroughness of the investigation into allegations against Zachary Gibson.
Det. Lt. Rod Smith, with the Wood County Sheriff’s Office for nearly 27 years, said he was contacted by the Bowling Green Police Division on April 6, 2022. BGPD had a report of a contractor at Bowling Green High School who had requested and received inappropriate photos of a student.
Smith talked with the student’s father on April 6 and then the student, who testified earlier today, on the 7th.
Search warrants were requested of the phone owned by the contractor, who was identified as Gibson, and of Snapchat, the platform on which the alleged photo was sent.
No photos were ever found, pointed out defense attorney Sara Roller.
Wood County Assistant Prosecutor Charles McDonald also had Smith confirm that although no photo was found, data can’t be recovered from Snapchat if they weren’t saved on the server.
A search of Gibson’s phone turned up multiple videos of an African American male in a “compromising situation” with an unresponsive Caucasian male, Smith testified.
Courtroom visitors were removed for the 10 minutes it took to show the videos to the jury.
Investigators also found on Gibson’s phone Snapchat conversations with a 15-year-old about muscle enhancers. In the conversations, Gibson used a slang term for oral sex as requested payment for the drugs.
Smith said he applied for an additional search warrant.
“With the scope of this new information, I needed a broader search warrant,” he testified.
McDonald entered into evidence a photo taken of the alleged rape victim on July 2, 2021, in his workout clothes; photos taken during a search of Gibson’s apartment, which included bottles of lubricants, gray sheets and gray and black comforter; and a photo taken from Snapchat of a search Gibson conducted May 6, 2022, on the platform’s law enforcement guide.
Roller asked if Smith was aware if the alleged rape victim tended to lie and exaggerate.
“You didn’t interview anyone to gain anymore information about him,” Roller said.
She also had Smith confirm no inappropriate photo was ever found having been sent by an alleged victim to Gibson and that the muscle enhancing drugs that reportedly were offered to a teen aren’t illegal.
The first contact made with the alleged rape victim was in January 2023 – almost nine months after the initial report was taken in April 2022, Roller said.
“You just sat on that information that (the alleged victim) was present … in Mr. Gibson’s apartment,” Roller said.
The search warrant of Gibson’s apartment was conducted April 2023 – a year after initial report.
There was no proof of where the alleged victim’s phone was – so there is no proof he was in Gibson’s apartment – nor was there proof of when he purchased the boxers identified in the videos Smith confirmed.
While there was no evidence the teen’s phone was in the apartment, photos show he was present, he later said.
Roller also pointed out inconsistent testimony of the two teens who were at Gibson’s apartment in July – one said the alleged rape victim left and the alleged victim said he stayed.
McDonald, on redirect, has Smith clarify that the search warrant of Gibson’s apartment occurred after further allegations surfaced.
Defense attorney Christopher Lawrence asked the judge to dismiss the two charges of illegal use of a minor in nudity-oriented material in the 2022 case be dismissed as there was “no testimony whatsoever these photos were taken, sent or received in Wood County.”
His request was denied after McDonald pointed out the photo in question was identified by one of the alleged victims as having been shown him while in Gibson’s apartment.
Lawrence also asked to dismiss the charges of disseminating matters harmful to juveniles and importuning, both in the 2023 case, for the same reasons.
That request also was denied.
Wood County Common Pleas Judge Joel Kuhlman will rule Thursday morning regarding the state’s change in the importuning statute and what it may mean to that charge.
Also this afternoon, a taping of a phone conversation Gibson had while incarcerated in the Wood County Jail.
Andrew Morris, of Henry County, said he used to work with Gibson in Ottawa, and that the two were friends outside of work as well as friends on Snapchat.
He testified he supplied a screenshot to the state of a conversation he had with Gibson where Gibson admitted having sex but said the alleged victim was not in the vicinity.
Morris said he screenshot the conversation, which occurred after the investigation had started, so it could be used by prosecutors.
Lawrence pointed out Morris and Gibson had the same probation office and asked why.
The state’s objection was overruled and Morris responded he was arrested for violating a protection order.
When questioned by Lawrence, he said he occasionally screenshot conversations but had never before turned them over as evidence.
