WATCH NOW: Police release footage of incident, Coach Marcus Freeman will not face criminal battery charges

UPDATE: The Mishawaka Police Department has released security footage provided by Mishawaka High School of the Jan. 3 incident between Fleeger and Freeman.

ORIGINAL STORY: ST. JOSEPH COUNTY, Ind. -- The St. Joseph Prosecutor's Office announced no charges will be filed against Notre Dame Football head coach, Marcus Freeman. Monday, they sent a new release stating their office determined "no criminal battery occurred." This comes after an incident at a high-school wrestling tournament at Mishawaka High School on Jan. 3.

According to a Mishawaka Police spokesperson, New Prairie High School's assistant wrestling coach, Chris Fleeger, filed a police report at the event, accusing Freeman of Battery.

The St. Joseph County Prosecutor's Office said it reviewed witness interviews, including one with Fleeger. In their release it states Fleeger claims, "he was approached by a person who said something he could not recall.  The Complainant [Fleeger] stated that the person then gave him a “two-handed push”."

It goes on to say, "The Complainant stated that he learned from someone else that the person who shoved him was Marcus Freeman.  Mr. Freeman had left the high school before officers were able to speak with him."  Other witness interviews claim Freeman "shoved" or "struck" Fleeger.

An off-duty police officer also witnessed the incident. This witness said they could hear the two exchange words but did not hear them. They described the interaction as a "nudge" or a "brush." Two Mishawaka High School employees also said they saw what happened and denied seeing any type of push or shove.

However, the prosecutor's office determined the video evidence of the incident does not support those claims.

Their release states, "In the video, officers were able to observe Mr. Freeman moving to leave a crowded gym with his son.  The exit doors were partially blocked by other people.  As Mr. Freeman walked toward the doors, the video shows the Complainant moving from his position near the doors and approaching Mr. Freeman.  Mr. Freeman turned toward the Complainant and paused for approximately one second.  Mr. Freeman then left the auditorium at a walk."

Detectives also interviewed Freeman. Freeman told investigators he saw Fleeger when he was leaving the gym with his son. He tells detectives he stopped to tell the Complainant [Fleeger] to "stop talking about his son to other wrestlers." Freeman told police he left the building after that and did not remember making any physical contact with the assistant wrestling coach.

In a follow-up police interview with Fleeger, he reportedly told officers he "believed Mr. Freeman was 'rich' and that he planned to hire an attorney."

In conclusion, the prosecutor's office stated, "the State would not be able to prove beyond a reasonable doubt that a crime occurred.  While the evidence suggests that a touching may have occurred, an inadvertent touching is not sufficient.  The State is therefore declining to file any criminal charges."

The prosecutor's office added the following, regarding the complainant (Fleeger):

  • From a jurisdiction outside of St. Joseph County.
  • Later identified as the Complainant.
  • The Complainant admitted to detectives that he had previously tried to recruit Mr. Freeman’s son to wrestle at another high school and join the Complainant’s wrestling club.  The Freeman family had declined to do so.
  • Another witness advised Detectives that the Complainant had voiced his anger at the Freeman family, telling the witness that he was encouraging other wrestlers to harm Mr. Freeman’s son.  This witness told the Freeman family of these threats.  The Complainant has denied making those threats.


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