UPDATE: Woman tells WGNS she has information to add to the alleged inappropriate massage accusations in Murfreesboro

WGNS is continuing to follow the story of a local massage business where a former worker at the establishment has been arrested on charges of sexual battery.

A 21-year old victim told police she got a coupon to visit Truu Bluu and when she visited the facility on NW Broad Street she met with 24-Year old Augustus F. Ogiste II. The woman who filed the incident report with the Murfreesboro Police Department told officers the man inappropriately touched her during a massage session. After an investigation into the accusations, Ogiste was arrested and charged with sexual battery and impersonation of a licensed professional. He was supposedly working at Truu Bluu without a license to practice massage therapy.

Since that incident occurred, a woman by the name of Alexis Hart told WGNS that she worked for a massage facility in Nashville that state records show is owned by the same person who operates the facility in Murfreesboro. Hart told us…

 

Hart said she no longer works for the facility in Nashville because of an incident that she claims involved a client who allegedly offered her a large tip to do more than a basic massage.

As far as the case against the man in Murfreesboro goes, he will appear in court on April 18th. Hart, who admitted she never actually worked at the facility in Murfreesboro, told us she beleived the case involving the worker at Truu Bluu didn't really occur. 

Past News Story: 

We have a follow up to a story WGNS told you about on March 4th involving a masseur accused of inappropriately touching a woman during a massage.  A police arrest reports shows that the incident allegedly occurred at Truu Bluu Salon and Spa on NW Broad Street in Murfreesboro.

The 21-year old victim told police she got a coupon to visit Truu Bluu via an internet site known as Groupon. The incident report suggested the "Groupon" entitled her to receive a free massage from a Truu Bluu massage therapist. Shortly after that massage allegedly took place, the female notified the police and told them that she was the victim of a sexual offense by the masseur.  One officer wrote in an incident report, “she does not know if he was pleasuring himself while doing the massage.”  The arrest report filed on March 18th shows that the victim also accused the massage therapist of touching her in a sexual manner in the area of her groin.

24-Year old Augustus F. Ogiste II was developed as the primary suspect in the sexual battery case. MPD Detective Tommy Roberts says that during his investigation he went to Truu Bluu to speak with a therapist at the business. Detective Roberts stated in his report, “I spoke to the manager and was told that the therapist are independent contractors and that Mr. Ogiste no longer worked there and no information was available.”  Upon further investigation, it was learned that Ogiste did not possess a massage therapist license which is required by the state. Ogiste was arrested and charged with sexual battery and impersonation of a licensed professional. Ogiste was booked into the Rutherford Count Adult Detention Center under a $6,000 bond. As of Wednesday, he has not been released. The suspect will appear in court on April 18, 2013. 

The case was referred to the State of Tennessee Department of Health and Jerri Brown will investigate the Truu-Bluu establishment, according to the arrest report filed Monday (3/18/13). The culprit in the Murfreesboro case is pictured below. 

By the way, this is the second time a masseur in Murfreesboro has been accused of sexually assaulting a client. This past January an accused masseur who worked out of the Stones River Mall had his license suspended after charges of rape were filed by a victim.

It is important to note, the two incidents are in no way related.

In Rutherford County the Tennessee Department of Health has a total of 71 massage related businesses that are currently active and serving clients. 

*mas·seur: [muh-sur; French ma-sœr] a man who provides massage as a profession or occupation.

Source:

Alexis Hart

MPD Incident Report # 13-4072
MPD Arrest Report #13-4072

TCA 39-13-505
TCA 39-16-302

Rutherford County Sheriff’s Office

State of Tennessee Department of Health:

Truu-Bluu
Facility License Number: 00003698
Status: Licensed 
Date of Last Survey:  
Date of Original Licensure: 10/29/2012
Date of Expiration: 10/31/2014
Owner Information:
JUDY CUMMINGHAM  

TCA 39-13-505.  Sexual battery. 

  (a) Sexual battery is unlawful sexual contact with a victim by the defendant or the defendant by a victim accompanied by any of the following circumstances:

   (1) Force or coercion is used to accomplish the act;

   (2) The sexual contact is accomplished without the consent of the victim and the defendant knows or has reason to know at the time of the contact that the victim did not consent;

   (3) The defendant knows or has reason to know that the victim is mentally defective, mentally incapacitated or physically helpless; or

   (4) The sexual contact is accomplished by fraud.

(b) As used in this section, "coercion" means the threat of kidnapping, extortion, force or violence to be performed immediately or in the future.

(c) Sexual battery is a Class E felony.

HISTORY: Acts 1989, ch. 591, § 1; 1995, ch. 484, § 2; 1996, ch. 675, § 74; 1997, ch. 256, § 3; 1997, ch. 406, § 3; 2005, ch. 353, § 12.

TCA 39-16-302.  Impersonation of licensed professional. 

  (a) It is unlawful for any person who is not licensed to do so, to practice or pretend to be licensed to practice a profession for which a license certifying the qualifications of the licensee to practice the profession is required.

(b) A violation of this section is a Class E felony.

HISTORY: Acts 1989, ch. 591, § 1. 

Additional details (below) as posted by the State of Tennessee: 

The Massage Licensure Board was created in 1995 by an act of the State Legislature. Its mission is to safeguard the health, safety, and welfare of Tennesseans by requiring those who practice the profession of massage therapy within this state be qualified. The Board interprets the laws, rules, and regulations to determine the appropriate standards of practice in an effort to ensure the highest degree of professional conduct. The Board is authorized to issue licenses to qualified candidates who have completed appropriate education and successfully completed required examinations. The Board is responsible for the investigation of alleged violations of the Practice Act and rules and is responsible for the discipline of licensees who are found guilty of such violations.

The administrative staff of the Division of Health Related Boards supports the Board by issuing licenses to those who meet the requirements of the law and rules. Massage therapists may be licensed by (1) certification from the National Certification Board of Therapeutic Massage and Bodywork, (2) education (successful completion of a course of study of not less than five hundred (500) hours from a massage school approved by the Tennessee Higher Education Commission or the Tennessee Board of Regents.) Effective July 1, 2003 all applicants must meet both education and examination requirements.

Renewal notices are mailed from Board’s administrative office forty-five (45) days prior to the expiration of the license to the current address on record. Licensees are responsible for renewing their license on time and keeping the Board apprised of current information. Licenses can be renewed on-line one hundred twenty (120) days prior to expiration at Tennessee.gov/health.  Click on the "License Renewal" link and follow the prompts. It is a violation of the law and of the board’s rules to practice on an expired license.

The Board has scheduled meetings throughout the year to conduct administrative business concerning ratifying licenses, promulgating rules, disciplinary matters, etc. The seven (7) Board members are appointed by the Governor and serve two five (5) year terms. A quorum of four (4) members is required to conduct business. The meetings are open to the public.


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