A prominent Manhattan businessman and former K-State backup quarterback waived his right to a preliminary hearing in the Riley County District Courthouse Friday afternoon.
Zachary Burton, 38, was arrested on four counts of unlawful sexual relations with a female high school senior on June 7.
Judge William Malcolm accepted the waiver and set Burton’s arraignment for Sept. 22 at 2:30 p.m.
Burton, who owns Fieldhouse Development, Inc., was an assistant boys’ basketball coach and substitute teacher at Riley County USD 378. All four of his counts begin Dec. 1, 2015 but each with different ending dates of Dec. 31, 2015, Jan. 31, 2016, March 31, 2016, and May 9, 2016.
Burton’s last day as a substitute teacher was May 9.
On June 15, the court sealed the affidavit in the case.
Before the hearing adjourned, Burton’s defense told Judge Malcolm it wanted to clarify press reports concerning the age of the alleged victim.
“It’s been reported in the press that the alleged victim is a 16-year-old female,” Burton’s attorney, Barry Clark, told the judge. “That’s not accurate.”
Instead, Clark said the alleged victim was “a month shy” of her 18th birthday relative to the December 2015 date the state claims the first count took place.
Deputy County Attorney Barry Disney told the judge the state is aware of the alleged victim’s age at the time of the incidents and the charges specify she was over the age of 16. Disney said sex crimes involving a victim 16-and-over differentiates them from child sex cases.