Winona teacher now faces five criminal sexual conduct charges involving students

(ABC 6 News) – A Winona teacher previously accused of sexual conduct with high school students now faces five charges of criminal sexual conduct across four court cases.

Eric Dione Birth, 29, was charged in mid-February with one count of 3rd-degree criminal sexual conduct–uses coercion and one count of 3rd-degree criminal sexual conduct–prohibited occupational relationship after a former student told Winona law enforcement that in April of 2022, she had met Birth in a secluded location to discuss problems in her personal life.

Birth was employed as a Winona Senior High School physical education teacher from August 2021 to February 2024, according to court documents.

He also worked as a high school track coach from April 2016 to February 2024.

According to court documents, Birth allegedly forced the student, who was 18 in 2022, into performing a sex act, then tried to persuade her into a relationship for the next week or two.

The former student told law enforcement Birth had created a Snap Chat group for some students, and provided his personal cell number to some students, including her.

Winona police had contacted the former student in June of 2023 after receiving a tip about a potential inappropriate relationship involving Birth and a student. At the time, the student said there was no inappropriate relationship.

She reached back out to law enforcement Jan. 2, 2024 to discuss the alleged sexual conduct.

According to a search warrant publicly filed Feb. 29, Birth reached out to law enforcement one day after the first alleged victim, and said he had no personal communication with students outside of school.

Birth was put on paid administrative leave Jan. 3, according to the search warrant.

Second case and alleged underage victim

Later in January of 2024, another woman reached out to Winona law enforcement, and said in the summer and fall of 2016, she and Birth had a sexual relationship.

The second woman was 16 at the time, according to court documents.

The second woman also said Birth encouraged her to confide in him about personal problems, and the two “flirted by text” before the relationship turned sexual.

Birth was charged with a count of 3rd-degree criminal sexual conduct with a juvenile aged 16-17–prohibited occupational relationship based on the second woman’s testimony.

Third case and alleged underage victim

A third woman told law enforcement she’d had a sexual relationship with Birth in April and May of 2017, when she was 17 years old.

That woman said she “struggled with personal issues and that she had confided in him about those issues” as well, according to court documents.

The woman said Birth communicated with her over text and Snap Chat. A Winona County search warrant later uncovered some of the Snap Chat exchanges.

The third alleged victim said she got a call from Birth about a year later, warning her that the Winona Senior High School principal was going to call about their relationship.

The woman said she denied any sexual relationship because her mother was sitting next to her during the call, according to court documents.

A former student, referred to as “Witness #1” in court documents, allegedly told law enforcement in late January that she was “good friends” with Birth, but that he had or was having inappropriate relationships with students/athletes on the track team, and she thought it was wrong.

The former student and another member of the track team told law enforcement they used Birth’s phone to take a photo of themselves at practice and accidentally saw a video of the third alleged victim performing a sex act, according to court documents.

“Witness #1 said once they realized what the video contained they immediately gave the phone back to Birth and never mentioned it to anyone,” court documents read.

Birth was charged with a count of 3rd-degree criminal sexual conduct with a juvenile aged 16-17–prohibited occupational relationship based on the third woman and associated witnesses’ testimony.

Search warrants, continuing allegations

A Winona County search warrant filed Thursday, Feb. 29, noted that according to Verizon call records, Birth had indeed communicated with at least one female student outside of school hours and during months when track was not in session during 2023 and early 2024.

The warrant also noted that Birth was ordered “not to have any contact with any District students or their families” when he was placed on administrative leave.

Nevertheless, Birth had allegedly called the current student on Jan. 7, and twice Jan. 10, according to the warrant.

The search warrant references other potential victims, “both past and current,” who denied having a sexual relationship with Birth when questioned Jan. 23, 2024.

Fourth case, newest charges

On Feb. 22, Birth was charged in a fourth criminal sexual conduct case.

On Feb. 21, law enforcement spoke to the 2018 Winona Senior High School graduate, who said she and Birth had sexual intercourse shortly after she turned 17.

The fourth alleged victim said she had been called into the principal’s office her senior year because someone reported “Birth had supposedly done stuff with some girls.”

The woman said she lied when school administrators questioned her, because she was scared.

Birth was charged with another count of 3rd-degree criminal sexual conduct with a juvenile aged 16-17.

Birth is scheduled to appear for four omnibus hearings March 21.