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Gene Simco Arrested?

Contrary to Rumors, Gene Simco was never "locked up, "cuffed" or jailed at any time. The truth to this Rumor is that a few associated business competitors conspired to make up allegations using the sister of one of the parties involved who had trained with Gene Simco six years earlier. Because one of the people involved was an ex-law enforcement officer who abused his position, these allegations were given more merit than they deserved by the police who ignored the obvious unethical conflict of interest.  These competitors then used the charge in their ongoing smear campaign; the information about the arrest was published online by their associates only hours after the arrest, when no official report had yet been made available to the public.
 
The charge of Misdemeanor Sexual Abuse was dismissed in a court of law and in order to be as clear as possible about denying any sexual allegations, Mr. Simco's attorney made a statement that was formally accepted by the court denying all sexual charges. This was witnessed and published by a member of the press. Interestingly enough, none of the individuals claiming that these allegations were true were ever present in court to witness any of these events. The then 20 year old woman who made the false accusations never showed up to one court appearance - nor did any member of her family.

A statement from Simco’s attorney clearly outlines the connection to business competitors and the motive behind the woman's allegations:


"My client denies the allegations.  The complainant is an adult who is alleging something that happened six years ago, yet apparently never reported it to anybody.

Until now, the complainant now makes these accusations six years later at the same time that her brother has opened up a competing jiu-jitsu school a few miles away from Mr. Simco's school.

Gene Simco is a successful martial art practitioner and businessman.  The motive behind these accusations is clear.  They are being used for financial gain through an internet campaign to defame Mr. Simco, hurt his family and his business.

Mr. Simco was arrested about a month ago and, within hours of his arrest, the real reason behind these allegations became clear.  An individual who is a friend and associates of the complainant's family as well as a business competitor to Mr. Simco put these allegations on the internet.  This was weeks before the charges were even filed with the court.

Since that time, the allegations have appeared on numerous martial arts web sites where there have been tens of thousands of viewers.  Unfortunately, many people in the martial arts community - possibly like many in the rest of society - don't consider the presumption of innocence when there is an allegation of sexual abuse.  It doesn't matter how the allegations are being used - just ask the lacrosse players in the Duke scandal.” - Kent Benziger, Esq.

The Charge
was officially dismissed on January 27, 2009.

This statement was released by Mr. Simco's Attorney after the dismissal:

"I represent Gene Simco in connection with the charges that were pending in the Village of Millbrook Justice Court.  The following is a statement on behalf of my client.  

 Mr. Simco was charged with a misdemeanor charge of Sexual Abuse in the Third Degree and Endangering the Welfare of a Child.  On January 27, 2008, the charge of Sexual Abuse in the Third Degree was dismissed.  My client has always maintained his innocence and that he never had any sexual contact with the complainant. These allegations were apparently never reported to anyone and were made six years after the incident.  Again, this charge was dismissed. Mr. Simco did plead guilty to the charge of endangering the welfare of a child. He admits to providing alcoholic beverages at his house to the complainant’s parents.   He admits having the alcoholic beverages in an area accessible to the 14-year-old complainant and seeing the complainant taking and drinking an alcoholic beverage.  Even though the complainant’s parents also saw and did not stop their own child from drinking, Mr. Simco acknowledges that he was wrong in not better supervising and not taking the drink from the fourteen-year-old.  The motives behind the baseless sex abuse allegation – which is now dismissed - have been clear.  The allegations were used for financial gain through an internet campaign to smear and defame Mr. Simco as well as hurt his family and his business. A member of the complainant’s family established a competing business a few miles from Mr. Simco’s school at the same time that these six-year old allegations were first made.  The allegations were then posted on the internet by a jiu jitsu practitioner who is a friend and associates of the complainant’s family as well as a business competitor to Mr. Simco. Although numerous martial arts websites have the right to provide a forum for discussion, many of the postings by individuals failed to consider the presumption of innocence.  The charge that was the subject of those postings has been dismissed."  

- Kent Benziger, Esq. 


Contrary to rumors, Mr. Simco was never at any time cuffed, jailed, nor was any bail set. The punishment he received for allowing a minor to consume alcohol in his home six years ago was a conditional discharge and a small fine.

Below is an account of the verdict and allocution from witness and reporter,  Samuel Browning:


1) Gene Simco was originally charged with two misdemeanor charges. Sexual Abuse in the Third Degree and Endangering the Welfare of a Child.

2) Tonight Simco pled guilty to Endangering the welfare of a child. A violation of P.L. 260.10 which is an A misdemeanor. The Sexual Abuse Charge in the Third Degree Charge was dismissed.

3) I have a letter from Ken Benzinger, Esq who is Gene's lawyer repeating what he said at the time of plea and sentencing which is that the plea reflects Gene's contention that "he never had any sexual contact with the complainant" (When I have time, I'll retype the entire letter) *See Above

4) Gene says that he is pleading guilty to the charge of endangering the welfare of a child because he admits the 14 year old complainant had access to alcohol at his house and was drinking it, and he (Simco) did not take the drink from her. He also says that her parents who were at the party did not stop her from drinking either.

5) Simco received a conditional discharge. (If he does not get re-arrested he will not serve any time). He is paying fines and court costs of $455. There is also a five year protective order forbidding him from having any contact with the complainant/victim.


Official Court Document


 
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