A district court judge tossed 10 of 16 charges against a Hastings wrestling coach and assistant principal accused of misusing public funds to attend college football games due to the statute of limitations on Friday.
Judge Richelle Wahi dismissed five counts of public embezzlement and five counts of theft by swindle stemming from 2011 to 2015 against Josh McLay. Barring an appeal, McLay's January 2020 jury trial will be on the remaining six charges — three embezzlement and three theft by swindle charges from 2016 to 2018.
In a statement, the Dakota County Attorney's Office said the remaining six counts against McLay are not affected by the decision and that the office is reviewing the court order. In the statement, the office said it would determine whether to appeal next week.
"The [county attorney] is currently reviewing this court order and will determine if there is a basis to appeal and challenge this court ruling," the statement read.
A member of McLay's legal team could not be reached for comment on Friday evening.
Wahi's court order follows a hearing in June where McLay's legal team detailed its hope to have ten of the charges dismissed, due to the statute of limitations. Minnesota law states that a person cannot be tried three years after a theft, unless the theft is valued at over $35,000.
McLay is accused of misusing $13,900 in public funds from incidents across 2011 to 2018.
A school district investigation last year determined that he used funds for coaching clinics to instead go to various college football games. In late November 2018, the school board accepted an employment resolution from McLay and his attorney that stipulated he would resign as assistant principal and head wrestling coach and be placed as a teacher in the district the following year. It also required that McLay repay districts funds he spent and that he received a 10-day suspension without pay after this past wrestling season.