No Charges Filed Against Roseville Football Coach
June 24, 2019
R. Scott Owens
PLACERCOUNTY DISTRICT ATTORNEY
10810 Justice Center Drive, Suite 240
Roseville, California 95678
For Immediate Release
June 24, 2019
Contact: Jeff Wilson, Assistant District Attorney 916 543-8000
NO CHARGES FILED AGAINST ROSEVILLE FOOTBALL COACH
The Placer County District Attorney’s Office has declined to file charges against Roseville High School Football Coach Larry Cunha. Our office has reviewed the evidence in the case including all witnesses’ statements regarding Mr. Cunha’s interaction with a Roseville High School student. Our office was also provided with a series of text messages between Mr. Cunha and the student. The information was forwarded to our office by Roseville Police Department Detectives, so that our office could determine if there was sufficient evidence to charge Mr. Cuhna with Battery under Section 242 of the Penal Code. The allegation was that Mr. Cunha picked up the student, placed her over his shoulder and took her to a class she did not want to attend. This was the only charge referred to our office on Mr. Cunha. Our office, however, considered other possible charges.
A battery is any willful and unlawful use of force or violence upon the person of another in a harmful or offensive manner. Penal Code Section 647.6 prohibits the molesting, annoying or harassing of a child under the age of 18. The statute not only requires an annoying or harassing act upon a minor, but also requires that it be done with a sexual interest in minors. Each element of these offenses must be proven beyond a reasonable doubt.
Our office will not discuss the details of the investigation in order to protect the identity and the privacy of the minor student. Those details do, however, show no evidence the alleged touching was violent or that the touching was meant as offensive by Mr. Cunha. There is also no evidence that Mr. Cunha’s conduct was motivated by any sexual interest in minors or in the student.
It is important to note that our role is to review the evidence presented to us to determine if it is sufficient to prove that Mr. Cunha violated a statutorily defined crime and that we can prove it to a jury beyond a reasonable doubt. It is not our role to decide whether Mr. Cunha’s conduct was appropriate as a teacher or whether his conduct exceeded the appropriate boundaries of the teacher student relationship. That is an issue to be decided by the School District Administration, the parents, and the student, not the District Attorney’s Office.
Based on the information provided to our office there is insufficient evidence to show that a crime has been committed. Accordingly, no charges will be filed against Mr. Cunha.