Judge in XU ex-coach case: 'Why didn't she leave?'

COVINGTON — A former Xavier women’s basketball coach accused by a player of giving her alcohol and touching her inappropriately was acquitted Monday of charges including sexual abuse.

At a bench trial in Kenton County District Court that lasted about an hour, Judge Ann Ruttle found Bryce McKey not guilty of third-degree sexual abuse and not guilty of providing alcohol to someone under 21. Both were misdemeanors.

Neither McKey nor his attorney, Harry Hellings, commented after the judge’s decision.

Ruttle questioned whether the player’s accusations rose to the level of sexual abuse.

“If she truly was uncomfortable about what was going on … why didn’t she leave?” Ruttle said.

The player, who was under 21 at the time, spent about four hours at McKey’s Covington home the afternoon of May 2, 2015. The Enquirer does not name alleged victims of sex crimes.

McKey invited her to his home to help him prepare to move and give her some Xavier-related gear, according to testimony. He had just accepted an assistant job at University of Maryland.

The player had known McKey since middle school when he recruited her to an Ohio high school. McKey also recruited her to Xavier University.

She testified that McKey gave her shots of an unidentified “dark alcohol” several times during the four hours.

She said McKey, at various times, hugged her and touched and grabbed her buttocks. She also testified that he placed his hand on her thigh as they drove back from a Chipotle restaurant.

After one instance of McKey touching her, she said she backed away.

“Was that unwanted by you?” Assistant Kenton County Attorney Jason Reed asked.

“Yes,” she replied.

Ruttle said there were too many other times when the woman didn’t object.

“It’s almost like it’s an invitation,” Ruttle said.

The judge also found there was no evidence McKey knew the woman was under 21 years old.

During the trial, Ruttle refused a prosecution request to allow testimony from a second player who made similar accusations against McKey. He was never charged in connection with those allegations, and prosecutors said last year that the woman repeatedly missed scheduled meetings.

McKey resigned from his job with the University of Maryland after the charges became public.