An Indiana man allegedly threatened to kill a 13-year-old boy whom his wife had been sexually abusing, an investigator recently testified in court, according to documents reviewed by PEOPLE.
Prosecutors in Morgan County, Ind., allege that Nicholas Fortinberry threatened the young teenager last year after discovering his wife Brittany Fortinberry, a substitute teacher, had allegedly been having group sex with the boy and several other underage boys who were her students, according to documents filed in Morgan County Superior Court and obtained by PEOPLE this week.
Brittany, 31, is facing multiple charges for child molestation, dissemination of material harmful to a minor, sexual misconduct with a minor and contributing to the delinquency of a minor, according to Indiana court records. Her husband Nicholas is facing charges for failure to report a crime and intimidation.
Nicholas was aware of his wife’s criminal activity and threatened the boys to stop having sex with his wife until they were older, Detective Patrick Williams of the Morgan County Sheriff’s Office testified at a probable cause hearing on March 25, a transcript of which was obtained by PEOPLE.
Williams had interviewed both the husband and wife — and revealed a threat Nicholas allegedly made to a 13-year-old boy at his Indiana home.
“If you don’t stop what you’re doing with my wife, then I’m going to kill you in front of your family,” the investigator claimed Nicholas said, according to the transcript.
Following that, Nicholas allegedly told the boy: “Do not continue to do what you’re doing with my wife until you turn 16.”
PEOPLE previously reported that Brittany allegedly threatened that she would kill herself if the boys she was abusing had told anyone about what she was doing to them.
Brittany’s husband filed for divorce in February, PEOPLE also previously reported.
Nicholas posted a $600 cash bond on March 31 and is free from custody, according to court records. His lawyer declined to comment when reached by PEOPLE.
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Brittany is accused by prosecutors of inviting young boys over to her house, offering them drugs and then raping them. Per KARE 11, another student alleged that the former substitute teacher was paying boys between $100 and $800 for photographs of their genitals.
The former math teacher at Eminence High School reportedly even made students wear masks from the Scream film series during sexual encounters, one student alleged, per court documents obtained by Fox 59.
WTHR reports that an impending lawsuit planned to be filed against the accused substitute teacher alleges that Brittany was sexually abusing 10 boys who were her students at Martinsville Schools.
The outlet reports that local law firm Wagner Reese, LLP is filing a lawsuit against the school on behalf of one of the boys, alleging the school should have been aware of the potential for the teacher’s abuse based upon her being suspended by another school in September 2023 for inappropriate behavior with her students.
The Martinsville school system told WTHR in a statement that its students’ safety is “the number one priority” for its staff.
If you suspect child abuse, call the Childhelp National Child Abuse Hotline at 1-800-4-A-Child or 1-800-422-4453, or go to www.childhelp.org. All calls are toll-free and confidential. The hotline is available 24/7 in more than 170 languages.
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