MARTINSVILLE, Ind. — Prosecutors say a man knew his wife was having group sex with boys as young as 13 years old and threatened the children if they didn’t stop until they were 16 years old. 

New court documents detail the charges against Nicholas Fortinberry. His wife, Brittany Fortinberry, is facing charges for allegedly sexually abusing at least 10 students while she taught at schools in Morgan County. 

In a transcript from a court hearing, investigators said that Nicholas knew what Brittany was doing and threatened the boys. 

“If you don’t stop what you’re doing with my wife, then I’m going to kill you in front of your family,” an investigator said, quoting Nicholas. “He then went on to say that ‘do not continue to do what you’re doing with my wife until you turn 16.'”

Investigators told the judge that Nicholas made the threat to a 13-year-old boy who was with another child at the Fortinberry home at the time. 

Nicholas is charged with intimidation and failure to report. He was released on $600 bond. 

Editors Note: The alleged victims in this story are too young to consent to sex. 13News is not using the terms “rape” or “sexual assault” because those are specific crimes, and the suspect is not charged with those at the time of publication.

Prosecutors have filed a motion to add 10 counts of child molestation, eight counts of dissemination of matter harmful to a minor, five counts of contributing to the delinquency of a minor and one count of sexual misconduct with a minor to Brittany’s charges. 

Those charges are in addition to the three counts of sexual misconduct, one count of dissemination of matter harmful to minors and one count of contributing to the delinquency of a minor that had previously been filed. 

The new charges were filed after a Department of Child Services investigation prompted many more parents of victims to contact police. 

According to court documents, one of the victims, a middle school boy, accused Brittany of drugging him repeatedly and having sex with him when he was 13. He said Brittany would have him bring his friends to her house, where she would allegedly give the teens drugs and then have sex with them. 

One of the victims told police that Brittany would put her children to bed and then try to have sex with the boys. 

In another incident, a victim said that Brittany reached out to him after she had been arrested in a separate misconduct investigation. She allegedly spent $600 on a group of teens for various purchases and then had sex with all of them, while making them wear the mask from the movie “Scream.” Brittany allegedly told the teens if they reported anything, she would kill herself. 

Brittany allegedly had sex with one teen she had asked to babysit her children, also exchanging sexual favors to get things for other teens.

Another student said Brittany was paying teen boys between $100 and $800 for photos of their genitals.

One boy told police that if the boys said they didn’t want to have sex with Brittany, she would make them, while saying, “just let it happen.” 

All of the teens said Brittany would send them nude and explicit photos and videos on Snapchat and an app called “Session.” 

The parents of many victims did not know anything was wrong until they were contacted by DCS. 

Prosecutors have filed to increase Brittany’s bond from $20,000 to $150,000. 

“It’s not uncommon at all to see allegations of sexual abuse involving people in authority positions,” said Kristina Korobov, senior attorney for the Zero Abuse Project. “There is nothing sexual about what happens to these kids. It is a violation and it’s an exploitation.”

Korobov said while exploitation cases are not uncommon, it is rare for cases with male victims to be reported.

“The more we continue to send that message that this isn’t some consensual act that got out of hand but to treat it with the respect these allegations deserve, I think the more you see kids and their parents feeling comfortable to come forward and talk about what happened,” Korobov said.

A spokesperson for the Metropolitan School District of Martinsville confirmed Brittany was hired as a substitute teacher Oct. 24, 2023, before she resigned Jan. 9, 2024.

Below is the full statement from the district:

“The Metropolitan School District of Martinsville was notified of serious allegations against a former employee. The District is fully cooperating with law enforcement and remains committed to ensuring a safe learning environment for all of the MSD of Martinsville students. 

This former employee was hired as a substitute teacher on October 24, 2023, obtained a State-issued Emergency License, and resigned from the MSD of Martinsville on January 9, 2024; the resignation was not related to sexual misconduct allegations. 

During the individual’s employment period with the MSD of Martinsville, there were no identified reports of sexual misconduct to the administration or the anonymous tip line. We want to assure families that the MSD of Martinsville conducts a full criminal background check for all new employees, as part of the standard hiring procedures. The background check report indicated no criminal activity for this former employee.

The safety of the MSD of Martinsville students is our number one priority. As such, the District encourages students and parents to report concerns through the STOPit anonymous reporting system for the MSD of Martinsville.

Thank you for your attention to this communication.”

A spokesperson for Eminence Community Schools confirmed Brittany was employed as a middle school math teacher at the district from July 10, 2024 to Aug. 23, 2024.

The spokesperson provided the following statement on behalf of the district: 

“The night of August 22, 2024, a report was made to the School Corporation that an employee, Brittany Fortinberry, had engaged in inappropriate conduct toward two students. School Administration immediately reported this information to the Indiana Department of Child Services and local law enforcement. The employee was immediately suspended the night of August 22, 2024 pending investigation into the reported misconduct. On or before 9:45 am the following morning, on August 23, 2024, a resignation notice was received from Ms. Fortinberry and her employment with the Eminence Community Schools immediately ended. The welfare and safety of our students is the top priority of the Eminence Community Schools. As such, the School Corporation has been and will continue to fully cooperate with law enforcement and the Morgan County Prosecutor’s Office in this matter.

Lawyers for the family of one victim have announced plans to sue Martinsville Schools for hiring Brittany. 

If you think a child is being abused or neglected, call the DCS Child Abuse and Neglect Hotline at 1-800-800-5556.

If you can, provide DCS with the following information:

• Who was involved

• What occurred

• When and where it occurred

• The extent of any injuries sustained

• Any other relevant information

Even if you don’t know all that information, DCS urges you to call and report if you suspect a child is a victim of abuse or neglect. State law requires DCS to protect the identity of those reporting abuse or neglect allegations, so you can remain anonymous.

There is more information available at the Indiana Department of Child Services website.

If you would like to help victims of child abuse and neglect, Kids’ Voice of Indiana has a Court-Appointed Special Advocate program. This lets volunteers advocate for child victims who don’t have another trusted adult to stand up for them. You can learn more about the CASA program here. Kids’ Voice estimates more than 3,100 kids in Marion County need help from a CASA volunteer.