David Wolfsmith, the former Morgan Hill gym owner who was convicted of sexually assaulting 13 female clients, was sent to San Quentin State Prison following his Nov. 6 restitution hearing at South County Courthouse, according to authorities.
From there, Wolfsmith will serve the remainder of his seven-year term on 14 counts—mostly felonies—related to the 13 victims, one of whom was age 13 when he assaulted her, Santa Clara County Deputy District Attorney Tim McInerny said. Wolfsmith will likely be “farmed out” from San Quentin to another facility in the California prison system.
“That was a great relief to a number of victims, that he was finally shipped” to prison, McInerny said Nov. 14.
Also at the Nov. 6 restitution hearing in Morgan Hill, the judge ordered Wolfsmith to pay more than $75,000 to his victims.
This sum includes $25,000 in “non-economic” damages to the 13-year-old victim. McInerny described these damages as “basically pain and suffering.”
“Children are the most vulnerable members of our society (and they) have a hard time dealing with the ramifications of these offenses,” McInerny said. He added these effects “can be long lasting.”
On June 23, Wolfsmith, 51, pleaded guilty to 12 counts of felony sexual battery by fraudulent purpose, one count of felony lewd and lascivious acts against a child younger than 14 and a misdemeanor count of child molestation.
Wolfsmith was arrested by Morgan Hill police in April 2016, after five of his victims reported the crimes. In the ensuing months, more victims came forward to report Wolfsmith assaulted them as well.
He and his wife, Julia Wolfsmith, were the owners of Wolfpak Training Center in downtown Morgan Hill at the time of the assaults. Police reports and victims’ statements indicate the assaults—which were ongoing for some of the women—occurred inside the private gym facility.
In exchange for the guilty plea, Wolfsmith agreed to serve seven years in prison and fulfill other sentencing requirements, including restitution and registration as a sex offender for the rest of his life.
The judge ordered most of Wolfsmith’s restitution payments at the Nov. 6 hearing, but McInerny said some items remain to be settled at another hearing in December.
To the 12 adult victims, the judge ordered Wolfsmith to reimburse a collective total of about $50,000 in gym fees, McInerny said. The amount for each victim was determined by the period of time they were assaulted by Wolfsmith and at the same time paying gym fees to Wolfpak.
The judge also ordered other “economic losses” to victims. These include the women’s expenses for mental health counseling or ongoing therapy—a common need among victims who have faced sexual assault, McInerny said.
McInerny added the restitution order is enforceable by law, and Wolfsmith cannot avoid making these payments by bankruptcy or any other effort.
At the Aug. 25 sentencing hearing, several of Wolfsmith’s adult victims told Judge Jacqueline Duong that he manipulated, shamed and groomed his victims in order to gain control over them, before physically abusing them.
The women described a “cultlike” atmosphere when they exercised at Wolfpak. After establishing a pattern of fear and intimidation, Wolfsmith physically assaulted the victims while insisting the contact was intended to measure their fitness progress or help them recover from injuries or exercise, according to the victims’ accounts.
One of the women described in detail how he told her to remove her top when they were alone at the gym, so he could measure her body for exercise results. He walked behind her and “pulled (her) shorts completely down” and “unhooked (her) bra,” the woman said.
Another victim said, after training at Wolfpak for two years, Wolfsmith invited her into the “massage room” for therapy. She immediately felt uneasy as she lied down on the massage table and “his breathing changed” as he began to touch her inappropriately. He then covered her face with a towel and pulled her shorts down. The woman “froze” in panic, she said.
Another hearing is scheduled for Dec. 18 to settle up the remainder of the restitution, McInerny said. Wolfsmith has waived his right to appear at future hearings related to the criminal case.
