Former Ringling football coach convicted amid mistreatment claims asks to withdraw no contest plea
A former Oklahoma high school football coach convicted of cursing at his teenage players wants to take back his no-contest plea in the case.
Ex-Ringling coach Phil Koons will appear Wednesday morning in Jefferson County court, where a judge will consider whether to erase Koons' Jan. 2 plea. Prosecutors asked the court to reject the request and move forward with sentencing.
Koons, a hall of fame coach whose teams have won multiple state championships, faces up to one year in jail after pleading no contest to a misdemeanor count of outraging public decency. Defendants who plead no contest do not admit guilt but waive the right to a trial and agree to accept the court's punishment.
Koons' plea followed a months-long investigation by state police into allegations he mistreated Ringling Blue Devils players. While the investigative report has not been made public, several players and their parents told The Oklahoman that Koons repeatedly harassed, bullied and intimidated them. Nine players sued Koons, as well as the Ringling school district and its superintendent, in Oklahoma City federal court on Jan. 11.
More: In 'football heaven,' a coach suspended. A town divided. What happened in Ringling?
Plea agreement at center of decision to withdraw plea, according to court filings
The next day, Koons' attorney filed court papers to withdraw his plea. Koons was caught off guard when the judge rejected the sentencing terms he had already worked out with prosecutors as part of a plea agreement, according to the court filing. Under the original proposal, Koons would have avoided jail time, but would have been on probation for seven years. He wouldn't have been allowed to teach or coach children during that time, either.
"The rejection of these terms is a drastic and substantial change to the previously agreed plea," Koons' attorney, Shelby Shelton, wrote in his motion to throw out the plea.
He added that Koons had less than five minutes to decide whether or not to still plead no contest after learning the judge was not going to accept the negotiated terms. Given the situation, Koons "was under duress and unable to take the necessary time to thoughtfully consider the terms of the plea and the potential impact of the rejected conditions," Shelton wrote.
But Koons' request fails to cite any legal basis — such as a state law or a prior court ruling — that would justify throwing out his plea, prosecutor John Weedn wrote in a response filed Monday. He also pushed back against claims that Koons was not fully informed before deciding to move forward with the plea, noting that Koons had an attorney giving legal advice. He also had previously received a copy of the 500-page Oklahoma State Bureau of Investigation report into players' allegations against him, according to Weedn.
"He advised this court that he understood the charge, the penalty range and consequences of his plea," Weedn wrote. "Now he has decided that he doesn't like those potential consequences."
Oklahoma schools regulators have yet to take any formal action regarding Koons' license. State schools Superintendent Ryan Walters said after a Jan. 18 special meeting that the state's case against an unnamed Ringling teacher and some other educators were "in progress" but did not provide specifics.
As it stands, Koons' sentencing date is set for March 12.
This article originally appeared on Oklahoman: Ex-Ringling football coach Phil Koons asks to withdraw no contest plea
