WILMINGTON — The New Hanover High School head baseball coach accused of assaulting a teenage female student has entered into an agreement with prosecutors that will allow him to avoid criminal charges if he complies with certain conditions.
In December, Richard Foy was charged with a Class A1 misdemeanor, the most serious non-felony class of offense, under state statute 14-33(C)(2), which includes assault on a female by a male over the age of 18. According to witnesses and law enforcement, Foy placed his hands around the neck of a female student.
An investigation was launched after the family of a student took their complaint to the Wilmington Police Department (WPD); because WPD traditionally cedes jurisdiction over school issues to the New Hanover County Sheriff’s Office (NHCSO), deputies ultimately pursued the case. Foy was issued a criminal summons — instead of being arrested — at the discretion of a magistrate.
Foy appeared in New Hanover County District Court on Wednesday and entered into a formal deferred prosecution agreement.
Under that agreement, Foy will serve ten months of supervised probation and can have no contact with the student involved in the incident, according to Samantha Dooies, spokesperson for the District Attorney’s office.
According to Dooies, Foy also “consented to have all law enforcement reports and evidence be placed in his personnel file permanently” and “waived the right to request the removal of these materials from his personnel file.”
Foy is due back in district court on December 16, ten months from now. If Foy is found to have adhered to the terms of the agreement, the case will be dismissed.
Foy has been on paid suspension since December 13, 2019, according to a public records request made to New Hanover County Schools fulfilled on Wednesday. It is not clear when Foy will return to teaching or coaching duties.