Teacher found not guilty of Offensive Contact

David Schachter, of Kyle, was found not guilty of Assault - Offensive Contact, a class C misdemeanor. A second charge of the same offense was dismissed, according to a press release from Schachter’s lawyer Lytza Rojas.

Schachter was a teacher at Danforth Junior High at Wimberley ISD in 2022, when the allegations were made, and had previously worked for San Marcos CISD. He is no longer employed by either district.

According to a press release from Rojas, Schachter “is a well-respected teacher and member of the community. David chose to testify at his trial and vehemently denied any wrongdoing. David testified to the surrounding facts concerning the false allegation made by the student and exposed the deficient police investigation. After just one day of testimony and careful examination of the evidence brought by the Defense, the jury returned a swift and powerful verdict of NOT GUILTY against David Schachter. The State dismissed the second pending case.”

As previously reported in the Wimberley View, the probable cause affidavit for the original arrest stated that a tip came into Crime Stoppers that said Schachter would “touch the students butts, stroke and touch their face and play with their hair.” The affidavit also said the school resource officer “had taken several reports regarding David Schachter touching female students.”

Schachter denied the accusations at the time of his arrest.

In the press release, Rojas claimed that the investigation by the Hays County Sheriff’s Office was “incomplete and rushed” and had “highly improper interview techniques at the hands of the school resource officer with the alleged complainant and potential witness and a failure of following simple protocol to preserve the integrity of the investigation.” It also alleged that the investigation did not interview “any of the 17 potential witnesses present during the alleged contact or any meaningful investigation of allegations.”

The Hays County Sheriff’s Office responded to questions from the Daily Record about the investigation.

“This case obtained a thorough investigation done by not only the School Resource Officer, but also a Hays County Detective,” the statement said. “All witnesses that were willing to cooperate with an interview spoke with the Detective. Some witnesses were forensically interviewed as well. The case was initiated on September 7th, 2022 and warrants were submitted on September 26th, 2022 to be signed by a Hays County Justice of the Peace. The Sheriff’s Office supports the completed investigation and charges that were placed.”

The press release from Schachter’s attorney continued to say that Schachter had to “endure a character assassination at the hands of the Wimberley Independent School District and the Hays County Sheriff’s Department for over a year. While David is so thankful to the jury for their ability to listen and see the whole truth with their eyes, these false allegations have directly affected David’s livelihood and family’s wellbeing, wreaking havoc.”

It continued, “Lies have consequences. As important as allegations of abuse are, it is equally important to have a fair and impartial investigation so as not to subject an innocent person to harm. While we are saddened that the Hays County Sheriff’s Office did not take the time and attention this case deserved because, as the lead Detective testified, ‘it was just a class C’, we were so thankful the jury took the time to carefully examine all the evidence, and lack thereof, and quickly come to the only conclusion supported by the evidence— Not Guilty.”

Wimberley ISD declined to comment. The Hays County District Attorney Kelly Higgins did not respond to multiple emails requesting comment.