BELOIT (WKOW) – Beloit Police Chief David Zibolski says a prosecutor’s advice that a legal basis for arresting a teacher was lacking was “insignificant,” as officers carried out the arrest and the teacher was never criminally charged.

Before February’s arrest of vocational technology teacher Scott Abbott, Deputy Rock County District Attorney Perry Folts says police personnel “..was made aware of the lack of probable cause…but command staff ordered officers to arrest Abbott…” for an alleged sex crime.

“I would say that is insignificant to our decision,” Zibolski tells 27 News of the counsel from Folts.

“The decision to arrest lies with us,” he says.

Abbott was not criminally charged by the Rock County District Attorney’s office. “The evidence presented to the Beloit Police Department totally lacked probable cause,” Folts wrote in a memo on the case.

“I read the reports,” Zibolski says. “There is in my opinion probable cause to make an arrest.”

The police reports describe a student telling authorities Abbott touched her buttocks inappropriately, with a student witness corroborating the account.

But Folts says there’s no indication the touch was intended for a sexual purpose.

Zibolski concedes the investigation could have been carried out without arresting Abbott at the school. He notes the impact of the arrest on Abbott’s professional reputation was taken into account by officers, who led Abbott out out of the school building away from student areas, and did not handcuff him.

Zibolski believes the widely-publicized arrest also served an additional law enforcement purpose.

“I think it’s significant another report came out shortly thereafter,” Zibolski tells 27 News.

Police reports show a student came forward two days after Abbott’s arrest and claimed several months before, Abbott touched her inappropriately on the buttocks, an accusation similar to the first student’s report. But Folts says there was again no proof any touching was intended to be sexual, with one touch apparently in connection to steadying the student on a ladder.

Abbott remains licensed to teach in Wisconsin, although his license is listed as under investigation. He’s left Beloit Memorial High School’s staff. Beloit School District Spokesperson Brian Vissers offers no comment on the circumstances of Abbott’s departure.

Abbot has yet to respond to requests for comment from 27 News.

Zibolski insists the working relationship between his department and the district attorney’s office is good. He says disagreements on approaches to law enforcement matters often occur and are resolved.

“We had a person in a position of power and authority over these particular victims, and our concern for the safety of the juveniles involved outweighed the anecdotal thought of the district attorney as to whether or not we should arrest,” Zibolski says.