The Joplin Globe, Joplin, MO

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November 10, 2009

Former band instructor accused of sexual abuse

By Derek Spellman

dspellman@joplinglobe.com

A former area band instructor has been accused of sexually abusing one former male student and making a lewd and indecent proposal to another in Ottawa County, Okla.

Brian M. Rash, 38, was in the custody of the Jasper County Sheriff’s Department as of Tuesday night, awaiting extradition to Oklahoma. He faces one count of first-degree rape, one count of attempted rape in the first degree, four counts of rape by instrumentation, and two counts of making a lewd and indecent proposal to a child, according to court documents.

Rash was taken into custody last week by Jasper County sheriff’s deputies, who had been advised by Ottawa County authorities that Rash might be found at a home in Joplin, according to Capt. Derek Walrod of the Jasper County department.

One of the charges of making an indecent proposal stems from allegations that Rash asked a former student, who was between the ages of 10 and 13, to take off his clothes and enter a hot tub sometime between 1997 and 2000 at Rash’s home in rural Wyandotte, Okla.

The remaining seven charges have to do with allegations leveled by another former student about incidents between 1999 and 2001. They allegedly ranged from rape in the back of Rash’s van to other instances of sexual contact. The alleged victim was between the ages of 11 and 13 at the time.

Rash taught band between 1997 and 2000 in the Wyandotte public school system, according to a probable-cause affidavit. He also taught band from 1995 to 1997 in the Joplin Catholic school system, and from 2000 to 2007 at Neosho Middle School.

The principal alleged victim in the Oklahoma case, now 21, reportedly vandalized Rash’s home in rural Wyandotte in June 2009, and wrote “You are a child molester” in red ink or crayon on the sides of Rash’s truck, according to the probable-cause affidavit. Rash told the Ottawa County sheriff’s deputy investigating the vandalism that he suspected a former student, whom he identified by first name, according to the affidavit.

When authorities contacted that former student, he admitted the vandalism and later alleged that Rash had molested him an estimated 200 times over a two-year period, beginning with an incident at a Tulsa hotel during a Wyandotte school band trip.

Thereafter, he alleged, some sexual contact would take place after Rash provided private music lessons at Rash’s home. Sometimes, the young man alleged, the contact took place in Rash’s hot tub or in the band room at the Wyandotte school. A number of incidents entailed Rash feeding him alcohol, according to the alleged victim’s account.

Rash allegedly confessed during an examination by a psychologist earlier this year to performing oral sodomy on a Neosho student. Rash’s attorney, who is not identified in court records, had requested that Rash undergo the psychological exam.

The psychologist is a member of the county’s Multi-Disciplinary Team. The team, composed of representatives of law enforcement, prosecutors, medical and mental health professionals, and child protective services personnel, investigates cases of child abuse.

The psychologist reportedly said she advised Rash of her role on the team, and Rash then signed a consent to release forms with the understanding that the information would be shared with the team. Rash later withdrew his consent, according to the affidavit.

Neosho Superintendent Richard Page told the Globe: “The entire time he (Rash) was here, there were no indications of any misbehavior.

“We’ve not heard of anyone here that has been affected by it.”

Page said Rash resigned in 2007 as the Neosho Middle School band instructor after he was not selected for the position of high school band director.





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Brian Rash was being held Tuesday on $650,000 bond in Jasper County. He is scheduled to appear at 8:30 a.m. Thursday in Jasper County Associate Circuit Court.

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