GRAND HAVEN, Mich. - A former softball coach from Spring Lake who is accused of sexually assaulting a then 13-year-old player was back in court facing potential jail time for breaking bond.
Thomas Galloway, 44, admitted to leaving the state without permission and drinking at a wedding in South Bend, Ind. over the weekend. Both are actions violating his bond, as he faces first-degree criminal sexual conduct charges for allegedly sexually assaulting a 13-year-old girl while he was a coach with the Michigan Sabercats softball travel program.
Assistant Prosecutor Sarah Matwiejczyk asked Judge Edward Post to revoke Galloway's bond or give him a GPS tether.
“He’s clearly not taking his bond seriously by his actions while out on bond," she said. “Just the attitude that he presented was very evasive and there’s substantial amount of concern with his attitude towards law enforcement and the bond that has been issued by this court, and following that bond.”
Galloway's defense attorney David Zessin said Galloway drank only during a wedding toast and wine during communion, then blew a .02 BAC afterward. He said the entire incident was a miscommunication, not a disregard for the law.
"I do not think this was an intentional or flagrant kind of ignorance of the court's bond, that [Galloway and his wife] knew the process, thought they had taken the steps," he said. "They had miscommunicated in the rush of getting down there."
Then, the allegation of several police reports stating Galloway was spotted drinking or buying alcohol at local bars. Ottawa County Sheriff's Captain Mark Bennett confirmed their office has at least four reports.
"[We have a] substantial amount of tips that have been received from the prosecutor’s office and the sheriff’s department constantly about him being at bars, drinking, purchasing alcohol, and those are just inundating the sheriff’s department and the prosecutor’s office," said Matwiejczyk.
Zessin said he did not have time to vet these claims, receiving the "stacks" of reports Thursday.
Judge Post heard several motions Friday including allowing a new defense expert retired from the Michigan State Police to access the victim's reports, and postpone a possible trial to late October. Post ultimately kept Galloway out of jail, but with a warning.
“The court will take this opportunity to admonish the defendant to be more careful and compliant with the court’s bond order," Post said.
FOX 17 stopped by Galloway's place of business, Galloway Custom Homes, which moved to an unmarked office inside the office building. No one was available for comment.
According to Ottawa County Clerk records, Galloway's wife Ellen registered the DBA ("doing business as") G8 Contractors with the county May 25, perhaps removing their name from day-to-day business.
Galloway's trial is set to start late fall.
