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Former coach faces more felony charges


McKinley moves to Texas, a concern for judge



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McKinley
January 11, 2012 | 07:35 AM
ELKHORN — Already facing charges of having sexual contact with a minor, Shane McKinley, 27, was arrested again on Friday on his way to Walworth County Court and may face up to another five felony charges, according the Walworth County District Attorney's office.

McKinley, the former junior varsity girls basketball coach at Williams Bay High School, was arrested Dec. 21, 2011 by Delavan police for sexual assault of a child and engaging in repeated acts of sexual assault of the same child.

After his arrest on Dec. 21, 2011, an ongoing investigation into McKinley's actions involved police in Lake Geneva, Williams Bay and Delavan.

But the real surprise for Walworth County Circuit Judge John Race and Deputy DA Joshua Grube was that McKinley came all the way from Texas to be at Friday's initial appearance hearing.

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In fact, McKinley first appeared before Race via jail video link for his bond hearing on Dec. 22. A $10,000 cash bond was set.

"When he was released, he went to live with his parents in Texas," said Jeff Livingston of Beloit, McKinley's attorney.

"I'm concerned about him residing out of state," Race said.

McKinley's parents, formerly of Walworth County, retired and moved to Texas. Because McKinley was forced out of his previous address in Delavan by his roommate, once he was released from the Walworth County Jail last week on $10,000 cash bond, he had nowhere else to go. He went to his parents' residence in Texas. Livingston said. He added that McKinley's parents made sure he showed up for court on Friday.

McKinley did not appear at the hearing. He was under arrest at the time.

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"When my client came here he was taken into custody," Livingston told Race.

Grube said further investigation into the incident has turned up "at least two, if not three other underage girls" with whom McKinley had contact.

A search warrant executed that afternoon turned up text messages between McKinley and a young girl, Grube said.

McKinley was released from Walworth County custody 4:28 p.m. Jan. 6, according to a jail spokesperson.

The search warrant was executed at 130 Autumn Drive, Delavan, on Dec. 27, in which officers sought physical evidence of the charges against McKinley.

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Results of the warrant are being withheld pending completion of the written complaint against McKinley, a circuit court clerk official said.

According to Grube, the search turned up evidence fior at least five additional charges of child pornography now pending against McKinley, and one count of attempted possession of child pornography. McKinley is also facing a charge of exposing a child to harmful material, Grube said.

On Dec. 21, the Delavan police received a complaint about McKinley from the Walworth County Department of Health and Human Services through the Williams Bay School District.

Investigation into McKinley's activities started when Williams Bay school officials learned of inappropriate text messages between McKinley and a member of the team.

Williams Bay Superintendent Vance Dalzin and high school Principal Barry Butters investigated the allegations and determined McKinley had engaged in activities that warranted immediate termination.

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School officials then called the Williams Bay Police Department and the county Health and Human Services department was notified.

McKinley was a volunteer girls' basketball coach last year,

There were no indications of inappropriate behavior on McKinley's part last year, Dalzin said. This November, when the junior varsity girl's team needed a coach, the School Board hired McKinley as coach.

The School Board confirmed McKinley's firing in a closed meeting on Dec. 20.

McKinley was not a teacher and not a full-time contract employee, Dalzin said. Considered a part-time employee, McKinley was paid a stipend for his time coaching the team, he said.

While facing additional felony charges, McKinley is not facing bail-jumping charges.

His bail requirements were that he not have contact with the alleged victim in the first charge and that he not have contact with students from Williams Bay High School, nor with girls under 18.

The conditions did not indicate that McKinley had to remain in the state.

That will be a new condition of bond, Race said.

"It was not the intent of the court that he move to Texas," Race said.

Livingston said McKinley was "somewhat limited" in where he would reside after being released from jail.

"There's a whole row of hotels and motels on Highway H," Race replied. Race said he wants McKinley to stay in the Lake Geneva area.

Acknowledging the parents did make sure their son showed up for this hearing, Race said he didn't want to open the state to the possibility of going through "the rigmarole" of extradition from Texas in the future.

Grube argued that McKinley's bond should be increased from $10,000 to $50,000 cash bond because he was now facing additional felony charges.

However, because McKinley did not violate the conditions of bail, Race did not increase McKinley's bond, continuing it at $10,000.

Race said he was concerned that the DA's office had not yet submitted a written complaint for the original charge.

Grube said that the investigation is on going but the complaint would be completed for the continuation of the initial appearance scheduled for 1 p.m. Friday, Jan. 13.

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