LAS VEGAS (KTNV) — Five of 15 charges have been dropped against a former Boulder City coach accused of misconduct and lewd acts with students.
In January, Channel 13 told you that Frank Mariani, a football coach at Boulder City High School, had been arrested after a three-month investigation.
Mariani, who also went by "Coach Bubba", is accused of misconduct involving the team including sharing sexual dreams of himself with minors, going behind several players and "motioning as if he was having sex with the players", removing his pants, showing off his underwear, and "moving his genitals around for players to see", among other actions listed in the arrest report.
WATCH: Body camera video shows arrest of Boulder City football coach accused of misconduct with students
On Wednesday, District Court Judge Tina Talim ruled that three counts of lewdness with a child under 16 and two counts of open or gross lewdness in the presence of a child would be dropped against Frank Mariani.
According to court records, Talim dismissed the first three counts because she stated prosecutors left out important evidence and failed to show the grand jury evidence that could have helped explain or weaken allegations tied to incidents at Desert Pines High School in 2016.
"The Court finds substantial prejudice as to Counts 1 through 3. The omitted evidence concerned the very events underlying those charges," Talim writes in part. "Defendant's contemporaneous statement provided specific nonsexual explanations for conduct from which the State sought to infer criminal sexual intent."
Talim basically wrote the grand jury should have been provided all of the evidence and let them decide for themselves.
The other two counts were dismissed because they were filed in the wrong county. While prosecutors argued they showed a broader pattern of misconduct, Talim wrote the actual alleged acts for those counts happened in Churchill County.
"The State must present more than evidence permitting speculation that intent may have formed in the charging county or that some earlier action may have been preparatory," Talim wrote.
All five counts were dismissed without prejudice, meaning prosecutors can potentially refile them in the future.
As for the other counts, Talim wrote there is enough probable cause for them to stand and he is currently facing child abuse, neglect, or endangerment counts and one count of lewdness with a child under 16.
According to the court docket, the next hearing in the case is scheduled for Wednesday.
You can read Talim's full decision below.
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