Crime & Safety

Longtime Tri-Valley Cheer Coach Guilty Of Sexual Abuse: 'This Is The Tip Of The Iceberg'

A former East Bay teacher and cheerleading instructor was found guilty of lewd acts upon a child and sexual battery.

CONCORD, CA — A former East Bay teacher and cheerleading instructor was found guilty of child molestation and sexual battery charges, the Contra Costa County District Attorney’s Office announced today, adding to an earlier conviction.

Nicholas Moseby, 44, of Concord, was convicted on Oct. 17 by Contra Costa County jurors of one felony count of lewd acts upon a child, one felony count of distributing or showing pornography to a minor, and three misdemeanor counts involving child molestation and sexual battery.

In the second phase of the trial on Wednesday, the jury determined that the following aggravating factors applied to Moseby's conviction: the victim was particularly vulnerable, the crimes demonstrated planning and sophistication, and Moseby exploited a position of trust to commit the offenses.

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Jurors could not reach a verdict on one felony count of committing a lewd act upon a child, according to the district attorney's office. Jurors found him not guilty on a separate charge of the same offense.

The jury did not reach agreement on whether Moseby's prior convictions showed a pattern of increasing seriousness, and the judge declared a mistrial on that specific factor.

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Police arrested Moseby in September 2022 when he was accused of sending an underage girl pornographic images. More victims came forward in the case against Moseby, who worked as a biology teacher at Diablo Vista Middle School in Danville and a cheerleading coach for Nor Cal Elite in San Ramon, according to reports.

“This is the tip of the iceberg," a mother who said Moseby instructed her cheerleader daughter for four years told KRON. "This man has worked in the Tri-Valley for a decade, teaching hundreds of girls of all ages. Elementary, middle, high school. There’s more to tell to this story. He’s a predator. He’s a pedophile. He never should have been hired anywhere.”

Nor Cal Elite fired Moseby after his arrest.

Cheerleading club officials said they were, “shocked and appalled by the allegations," according to reports.

However, the Mercury News reported that students at San Ramon Valley High School in Danville had warned the school's administrators about Moseby's inappropriate behavior prior to his 2022 arrest for molestation. A public records request by the newspaper had found that several students complained about Moseby, who was also coaching the cheerleading squads. Before his arrest, district officials transferred Moseby to a nearby middle school. “San Ramon Valley administrators knew about inappropriate sexual abuse in the classroom because female students made several written complaints against him,” the victims’ attorney Jason Runckel told the Mercury News at the time.

Moseby's sentencing is scheduled for Dec. 19.

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