High school marching band director, volunteer arrested following student rape allegation

Towers High School's marching band performed Friday night for the first time since police arrested the band director and a volunteer who worked closely with the band.

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Band director Davion Battle, 35, missed the game at Godfrey Stadium because he was in jail.

DeKalb County School District police confirmed to WSB-TV's Michael Seiden that they arrested and charged the educator Friday after Battle learned about a rape allegation against a volunteer but failed to report it to investigators.

"He’s just as guilty because he knowingly knew what was going on and didn’t do anything about it," a football player’s father said, asking not to be identified.

Battle's arrest came less than 24 hours after school district police arrested band volunteer Jacolby Terry, 20. He's accused of raping a 15-year-old girl at the school.

Seiden contacted the school district Friday for a comment about this story. A representative sent him a statement, saying:

“The safety and the well-being of our students is of utmost importance to DeKalb County School District (DCSD). DCSD Public Safety was made aware of allegations involving inappropriate contact between a student and a volunteer of the Towers High School Band program. The individual was not a teacher and not vetted through the district's volunteer process. The band volunteer has been arrested and charged. Also, a school employee has been arrested and charged.”

When Seiden asked the district why the volunteer didn’t go through the vetting process, a spokeswoman told him that is part of an ongoing investigation.

Meanwhile, band members are trying to stay focused.

On Friday night, Seiden tried talking with their parents, but they declined to talk on camera.

The football player’s father told Seiden he was shocked after learning about the disturbing allegations against the two adults, who he said broke his trust.

"I’m glad they walked them out. If it had been my child, I probably would have had to do something physical to them,” the father said.

The fate of the band director remains unclear.

According to a lawsuit Battle filed against the school district, he claimed his former bosses at Cedar Grove High School mistreated him.

When Seiden asked the district for a comment about that lawsuit, a spokeswoman sent him a statement, saying, "The district is unable to provide information related to pending litigation matters."

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