tried to have sex with NC, despite NC telling him to stop. Wagoner eventually stopped because he
was afraid his ?ance, who was in the next room, would hear them. He told NC that she could not
tell anyone about what had happened, and if she did, she would be kicked off the gymnastics team.
He also told NC that he had worked as a ?hit man? before, and he implied that if she ever said
anything, he would hurt her family. The next day, Wagoner and NC were at the WOGA facility, and
Wagoner took NC to the back room and persuaded her to have intercourse and oral sex with him.
In fear for her safety, as well as her family?s, NC did not say anything.

5.07 Over the course of the next year, on virtually a daily basis, Wagoner engaged in
sexual conduct with NC, including fondling, sexual intercourse and oral sex. Wagoner had sex with
NC at the WOGA in Richardson, Texas, in the dance room, the employees? room, the party
room and in the area. On several occasions, Wagoner took NC away from the to nearby
parking garages and a shopping mall, where he would have sex with NC. Further, during private
workouts, Wagoner would fondle NC in her genitalia while she stretched. Wagoner also had sex
with NC at the WOGA in Plano, Texas, in the back room, the side room that had a one way
mirror, the boy?s bathroom and the storage room.

5.08 NC was traumatized and scared throughout this entire ordeal. While she wanted to
tell someone, she chose not to because of the threats Wagoner had made. As such, NC had nowhere
to turn, and she simply hoped that it would stop one day.

5.09 During this time period, there were several instances at WOGA where some of the
parents observed Wagoner touching girls, including NC, in an inappropriate manner. Complaints
were made to the owners of WOGA, yet nothing was done. WOGA did transfer Wagoner to their

in Plano, but WOGA continued to allow Wagoner to coach girls, including NC, one-on?one.

 

PLAINTIFF ?8 FIRST AMENDED ORIGINAL PETITION PAGE 4