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September 10, 2005
Former teacher sentenced in abuse case
FARMINGTON -- A former North Layton Junior High School teacher was sentenced Friday to 45 days in the Davis County Jail.
James Kenneth McQuade, 62, earlier had pleaded no contest to a third-degree child abuse charge in connection with inappropriately touching a seventh grade student.
A no contest plea is considered the same as a guilty plea, with the defendant acknowledging there may be enough evidence to convict, but is not accepting responsibility.
McQuade originally faced three first-degree felony charges of aggravated sexual abuse of a child in connection with touching three female students in December 2002 and January 2003.
Farmington's 2nd District Court Judge Darwin C. Hansen also sentenced McQuade to three years probation with Adult Probation and Parole, to pay medical restitution that may have resulted from the touching, and $650 in fines.
Hansen also sentenced McQuade to serve up to five years in the Utah State Prison and a $5,000 fine, but stayed those sentences upon successful completion of the other sentences.
Part of the plea agreement allows the conviction to be reduced to a class B misdemeanor if McQuade completes his sentence successfully.
By accepting the deal, McQuade will not be a registered sex offender.
Defense attorney Blake Nakamura said he and his client believed there were serious problems with the case and the investigation, but agreed to the plea instead of taking their chances with a jury at trial.
Prosecutor Troy Rawlings said there were problems with the case but believed there was a chance of a conviction if it had gone to trial.
One of the witnesses who testified at the preliminary hearing in February said she saw McQuade's hand going down the back of the victim when she opened the door of the classroom.
She immediately left because the scene upset her.
Since the incident, the girl has attempted suicide twice and has been under psychiatric care.
McQuade said this experience has "been life-altering. It has been painful to me, my wife, my daughters," as well as to the victim and her family.
He continued to deny there was any sexual abuse, but said he is willing to take responsibility for his no contest plea.
Posted by Nealus at September 10, 2005 11:12 AM
