Morgan Hill gym owner takes plea deal in sex assault case
MORGAN HILL — A former Morgan Hill gym owner accused of sexually assaulting 13 different clients, including two children, has agreed to plead guilty in exchange for seven years in prison.
David Wolfsmith, 50, is scheduled to be sentenced Aug. 25 in Santa Clara County Superior Court.
On June 23, Wolfsmith pleaded guilty to one count of lewd and lascivious acts with a child under 14, one count of annoying or molesting a child and 12 counts of sexual battery by fraud.
The crimes occurred at The Wolfpak, a now-defunct triathlon training business he ran with his wife, Julie Wolfsmith, at Monterey Road and East Third Street, according to police.
Wolfsmith told his clients that the touching was part of their training, said Deputy District Attorney Tim McInerny.
“This has been an extremely long road for each of the 13 victims we know about and we are very satisfied with the outcome,” McInerny said about the plea deal. “I’m glad that they were saved the trauma of having to recount their abuse in court in front of others.”
Wolfsmith was in and out of custody as the initial pool of victims swelled from five to 13, McInerny said.
The number of victims making allegations played a role in Wolfsmith’s decision to plead guilty to the charges, said Wesley Schroeder, Wolfsmith’s San Jose-based attorney.
“Sometimes you have to look at it with a cold empirical eye and determine how it’s likely to play out,” said Schroeder, adding that his client faced more than 30 years in prison if convicted.
Schroeder noted that The Wolfpak operated for a “substantial amount of time” without any issues.
The business was closed following Wolfsmith’s arrest in April 2016, but he tried to open a new gym in San Jose during one of the times he was out of custody, McInerny said.
Wolfsmith must serve 85 percent of his seven-year sentence, McInerny said. He also will have to register as a sex offender for the rest of his life when he is released from prison.