BELMONT COUNTY, Ohio — On Tuesday, Belmont County Western Division Judge Eric Costine dismissed a case filed by by local resident Brent Gay seeking criminal charges against Union Local High School Assistant Football Coach Vaughn Butler, Barnesville Police Lieutenant Matthew Tippie, and Belmont County Sheriff’s Deputy Tyler Grant following an alleged incident at a high school football game last fall.
The case originated from an October 25, 2024 altercation at a football game between Union Local and Barnesville High School. Gay alleges that Coach Butler physically attacked him following a comment Gay made criticizing Butler’s coaching performance during the game. The affidavit further accuses Lt. Tippie and Deputy Grant of failing to properly investigate the incident and dereliction of duty.
The Belmont County Prosecutor’s office chose not to file charges regarding the incident.
Gay is represented by Chandra Law’s Subodh Chandra and Ethan Dawson. Chandra states there is evidence to support his client’s allegation.
“Mr. Gay’s affidavit alleging criminal acts by the three men was supported by evidence—not just his own testimony and police bodycam video, but two eyewitness affidavits testifying that Coach Butler attacked Mr. Gay,” Chandra said. “Without even giving Mr. Gay a required hearing, the Court failed to acknowledge probable cause that the accused committed offenses.”
The Chandra Law firm released police bodycam video of the incident which you can watch here.
Chandra condemned the court’s decision, calling the ruling a miscarriage of justice that improperly prioritized local football culture over legal accountability. Chandra also called the decision a disregard for constitutional rights.
Chandra further argued that the Court’s opinion improperly blamed Gay for provoking the incident by criticizing the coach, suggesting such speech could warrant criminal charges.
“The opinion literally blames the victim—and even uses the 41–0 halftime score and the rivalry between Union Local and Barnesville High to justify both Butler’s assault and the officers’ inaction,” said Chandra. “Elevating football above criminal justice is legally unprecedented.”
The court, according to Chandra, went so far as to claim Gay could be charged with “incitement to violence,” a position Chandra says contradicts established First Amendment law. Referencing the landmark Supreme Court decision Brandenburg v. Ohio, Chandra stated that protected speech cannot be criminalized unless it intentionally incites imminent violence—a threshold he argues was not remotely met.
“It is axiomatic to say that had this confrontation not been made, no incident would have occurred,” the judge wrote, according to Chandra. “Gay singlehandedly created the atmosphere for which he now complains.”
“This court of law thinks that Mr. Gay could have been charged over a comment, and then apparently tries to justify government-official Vaughn Butler’s violence,” Chandra said. “This raises troubling questions about whether First Amendment rights are respected in Belmont County.”
Chandra said the court also failed to address allegations of obstruction and dereliction of duty by Deputy Grant, raising further concerns about the thoroughness of the ruling.
Chandra Law stated that they are actively reviewing appellate options in response to what they view as serious legal and constitutional errors in the court’s decision.
The charges can be read here.
