Five of the accused Mishawaka wrestlers to resume classes from home

After appearing in juvenile court, five of the six Mishawaka wrestlers accused of assaulting a teammate in the high school were partially reinstated in school.

Mishawaka High School, Mishawaka, Ind.

After appearing in juvenile court, five of the six Mishawaka wrestlers accused of assaulting a teammate in the high school were partially reinstated in school.

Tuesday, district leaders held a meeting with the accused boys and their parents.

According to Superintendent Terry Barker, all five will now be allowed to resume their course-work from home through online classes.

Monday, NewsCenter 16 learned the sixth wrestler is now a freshman at IU South Bend.

Five of the wrestlers went before St. Joseph Probate Court Magistrate Harold Brueseke Monday afternoon. The hearing stemmed from their alleged connection to a sexual battery at the school in February 2010.

Last month, the St. Joseph County Prosecutor's Office filed Juvenile Delinquency Petitions against the five, and a sixth teen, who was taken into custody last month.

Based off court testimony, NewsCenter 16's learned some of the alleged attackers used to mock the victim after they assaulted him in a locker room with an unknown foreign object.

Five of the six accused are presently on leave from Mishawaka High School, with a meeting scheduled Tuesday afternoon to determine if they'll be reinstated. As for the sixth attacker, he's currently a freshman at I-U South Bend.

Other new topics discussed in court included the student’s past behavior in school and at home. At least two of the teens have school referrals on record, one of which was for underage drinking.

Despite those facts, Magistrate Brueseke decided to keep each boy from being detained while awaiting trial. He also turned down the prosecution's request for electric monitoring. He did however order each teen to refrain from communicating with one another until their sentencing, or disposition as the juvenile system calls it, is complete.

Magistrate Brueseke is now tasked with deciding whether or not to keep this case open to the public. In court, the accused teens expressed their desire to have the case sealed from public eye for fear of long-term embarrassment. However, Indiana State Law clearly spells out a public's right to know about cases just like this one.

"So the court has the duty to find the balance between the public's right to know and the obvious concern for keeping certain matters confidential. That is heightened when young people, who are 17 and younger at the time the alleged act is committed, are involved,” Juvenile Justice Center Executive Director Peter Morgan said.

Sources tell NewsCenter 16 the case against the six teens began when a friend of the alleged victim went to school officials concerned about the victim's well-being. The alleged victim then filed a police report on Dec.15 2011, saying he was molested in a school shower. Sources tell NewsCenter 16, the student said he was assaulted by five team mates on the school's wrestling team in Feb. 2010.

All six teens face charges of Attempted Criminal Deviate Conduct, which would be a Class B Felony in adult court. The teen arrested on Dec. 16 2011, was released from the Juvenile Justice Center later in the month on electronic monitoring. He was not a part of Monday's hearing, but does have a fact finding hearing set for Feb.14.

Mishawaka's Head Wrestling Coach Darrick Snyder has been suspended during the investigation. School City of Mishawaka officials have said very little about the investigation, and they have not commented further on Snyder's employment status.

The Prosecutor's office has not released the names of any of the six teens charged because they were juveniles at the time of the crime. The Juvenile Delinquency Petitions laying out exactly what the six are accused of are also not currently available to the public.

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