The former Fall Creek High School football coach, who was accused of sexually assaulting a highly-intoxicated 29-year-old woman, will avoid a felony conviction and has the opportunity of not having a criminal record.
Joshua J. Tumm, 36, 610 N. State St., Fall Creek, pleaded no contest Monday in Eau Claire County Court to an amended misdemeanor count of fourth-degree sexual assault.
Tumm was originally charged with a felony count of second-degree sexual assault.
As part of a deferred agreement with prosecutors, the misdemeanor charge will be dismissed in one year if Tumm pays a $250 fine, commits no new crimes, has no contact with the woman, and doesn’t drink alcohol or enter taverns. He must also undergo an alcohol and drug assessment.
Tumm’s attorney, Rich White of Eau Claire, said no other charges will be issued from this incident as part of the agreement with prosecutors.
The woman’s husband found her half-clothed in the back seat of Tumm’s truck Dec. 29 while it was parked in his garage, authorities say.
Fall Creek School District Superintendent Joe Sanfelippo said Tumm was relieved of his coaching duties in April.
Tumm, who also teaches in the district, has been on unpaid administrative leave from his teaching duties since February, Sanfelippo said.
According to the criminal complaint:
A man flagged down a Fall Creek police officer at 12:16 a.m. Dec. 29 and said his wife had been out drinking with some friends. The man said he was unable to reach her on her phone, which was not normal for her.
The man said he made contact with the friends his wife was with at a Fall Creek tavern.
They told him his wife was extremely intoxicated and that Tumm had offered to give her a ride home.
Knowing his wife wasn’t home, the man went to Tumm’s residence.
There was no answer at the house. The man then heard a noise in the garage.
He went to the garage and found Tumm’s truck with three of its doors open. He saw Tumm come from the rear passenger door area of the tuck.
The man said he approached the door and saw his wife lying on the back seat. Her shoes were off, and her pants were down to her knees.
The man said he helped his wife up and asked her what was going on. He said she was out of it, staring into space.
Tumm told the man “it’s not what it looks like.” Tumm said he was giving her a ride home but was too drunk to drive, so they came to his house.
Tumm told the man he would never do anything to destroy their families.
The woman’s blood alcohol level four hours after she was found in the back of Tumm’s vehicle was 0.212, more than twice the legal limit for driving.
One of the woman’s friends told police that at one point during the evening, the woman could not function or talk.
The woman told police Jan. 5 that she did not consent to anything that happened between her and Tumm on Dec. 28.
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