LOUISVILLE, KY -- A Jefferson Circuit judge on Friday dismissed a felony wanton-endangerment charge against former Pleasure Ridge Park High School football coach Jason Stinson in the death of a 15-year-old player who collapsed from heat stroke during practice.
Judge Susan Schultz Gibson agreed with Stinson's attorneys that prosecutors improperly failed to tell the grand jurors who indicted Stinson that the coach wanted to testify before them.
The Jefferson Commonwealth's Attorney's Office immediately told Gibson that they would seek to re-indict Stinson next week, this time asking jurors if they would like to hear from the former coach.
But prosecutors may have won a bigger battle Friday when Gibson said she would allow testimony that contends that players were denied water and ran more than normal when Stinson's trial on a reckless-homicide charge begins Aug. 31.
Defense attorneys Alex Dathorne and Brian Butler had argued that prosecutors don't have a medical expert's opinion stating that water deprivation or excessive running at the Aug. 20, 2008, practice caused Max's death, meaning those allegations were irrelevant to the homicide case.
Max collapsed at practice and died three days later at Kosair Children's Hospital, after his body temperature had reached 107 degrees, reports The Louisville Courier-Journal.
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