A former Pahrump Valley High School baseball coach is facing life in prison after being charged Wednesday with sexual assault and lewdness involving a minor under age 14.
Ethan Wald, who is no longer employed with the school district, originally faced a category C felony charge when he was booked into the local jail for all of 38 minutes in April. Wald was long-formed by the district attorney’s office instead of arrested and charged by sheriff’s deputies.
Wald’s world officially turned upside down Wednesday in Pahrump Justice Court, however, when Deputy District Attorney Tim Treffinger tacked on two additional category A felony charges at the end of a preliminary hearing in the matter.
Wald is accused of forcing himself onto a 13-year-old girl he met at a local bar two years ago. The allegations concern a sexual encounter with the minor that allegedly occurred in the girl’s home in the summer 2012. Wald was 21 years old at the time, and in fact was dating a 16-year-old when the alleged crime was committed, according to court testimony.
Wald is a 2007 graduate of PVHS and served as the school’s junior varsity baseball coach two seasons ago, but was benched last season, reportedly over these allegations, which were being investigated throughout last year. The victim, who testified this week, said she repeatedly refused to name Wald either to her family or to police.
It wasn’t until another man was arrested on similar charges involving the same minor did police discover who had assaulted the young victim.
Donald Lee Hamilton, 22, was sentenced in December to 13 years in prison and lifetime registration as a sex offender for engaging in sexual contact with at least three minors, including Wald’s victim, who told the court Hamilton was her boyfriend for a time.
Wald’s victim told the court Wednesday that she had confided in Hamilton about having sex with Wald. When Hamilton was arrested, he told police Wald’s identity.
Police confronted Wald’s victim with the information from Hamilton and the victim finally agreed to cooperate with police in August 2013, more than a year after the incident, according to her testimony in court.
Wald was first charged April 8, but wasn’t booked into jail until April 30. He quickly bailed out, posting cash. The amount of bail was unavailable Thursday. Despite now facing two even harsher criminal charges, Wald was not taken back into custody nor was his bail raised Wednesday.
The victim testified that she invited Wald over to her home while her mother was at work. After chatting turned to kissing in the victim’s living room, Wald allegedly “shoved” the girl into her bedroom, she testified. He then allegedly “shoved” her onto her bed.
She told the court she said “no” when Wald stripped off her pants and underwear. She testified that he had sex with her and then left her home. She was unsure if he used protection or not.
She said she was a virgin at the time and experienced bleeding and discomfort as a result of the alleged assault. However, she could not explain why she refused to name Wald for so long, or ask anyone for help after the assault. She said she simply didn’t “feel like it.”
Treffinger said the girl’s behavior is typical of some sex assault victims.
“Your honor, we see that type of behavior in these cases all the time. This is not unusual,” he said.
After the victim finally gave police a statement, Wald was served with search warrants for his home, cell phone, computer and computer storage devices.
Det. Michael Eissenloffel testified that he did not discover any explicit proof of Wald engaging in sex with the minor, but that the “totality” of the evidence pointed in that direction.
For example, Eisenloffel told the court he discovered Facebook and other text conversations between the victim and Wald that appeared to reference the sexual encounter.
A portion of one conversation was read in court:
Victim: “I know my mom still never figured it out. So we cool.”
Wald: “Sweet, I’m glad. And she won’t find out next time either.”
Victim: “Next time?”
Wald: “LOL, we hang out, duh. Unless I am missing something here.”
Victim: “I was talking about something else she didn’t find out.”
Wald: “Oh yeah, that also, lol.”
Victim: “Yeah, she didn’t find out.”
Wald: “Well good. Do you ever think about it? Just wondering is all I do, sometimes. And also wish age didn’t matter like it does. You are so bright and pretty.”
At the end of the hearing, Wald’s attorneys, Michael Hughes and Justin Stovall, were stunned when Justice of the Peace Kent Jasperson allowed Treffinger to amend the state’s complaint, adding the two new charges and the potential for two life sentences if Wald is convicted at trial.
Stovall made a motion for a new preliminary hearing. Jasperson told the attorney the law allowed Treffinger to add additional charges if they were supported by new testimony.
Since the victim told the court she was forced by Wald to have sex, the new charges were justified. Treffinger said the mere fact the victim told police she said “no” when Wald stripped her clothes off were grounds enough for the sex assault charge.
Stovall said that nowhere in the state’s discovery material provided to the defense were there any inklings that force was involved in the crime or that he’d be charged for using force on the young woman. Stovall said any sex act that occurred between the two was clearly consensual.
Stovall said he wanted the DA’s discovery made part of the court record in case he appealed Jasperson’s ruling to a higher court. Jasperson said it wasn’t necessary, that Stovall could make that motion in District Court later.
Jasperson found enough evidence presented to bind Wald’s charges over to District Court. An arraignment date was set for Sept. 22 at 9 a.m.
Wald and Hamilton are not the only young men in legal trouble for contact with the victim, who turns 16, the state’s legal age of consent only later this month.
Police arrested a man named Tim Shelton in June on a charge of statutory sexual seduction for an incident involving the same juvenile girl.