Ontario teacher arrested on felony charges
By JESSICA KELLER
ARGUS OBSERVER
Thursday, August 14, 2008 10:29 AM PDT
ONTARIO — An Ontario High School social studies teacher was arrested Wednesday and charged with seven counts of online sexual corruption of a child in the second degree.
Malheur County District Attorney Dan Norris said Joseph Tracy Garner, 42, Ontario, is scheduled to face a grand jury this morning and be arraigned this afternoon in Malheur County Circuit Court.
The arrest comes after a three-month investigation that began with a private organization that specializes in identifying potential sexual predators online through the use of decoys.
Those decoys are professionally trained, Norris said, to avoid entrapment issues. That private organization’s investigation began, he said, when a person, who police assert was Garner, used MySpace to contact and initiate explicit and, at times, graphic conversations of a sexual nature with a purportedly 13-year-old Oregon girl — in reality a decoy.
Those conversations began in May, and Norris said the Oregon State Police were notified in June when police assert Garner tried to arrange a physical meeting with the girl for the purposes of having sexual contact, which is a crime in Oregon. The crime is a Class C felony.
Norris said, once OSP began its investigation, officers traced the communications back to Garner’s computer account. At one point, a school photo of Garner was sent to the decoy, which also aided police.
“He was foolish enough to use his own identifiers on his Yahoo account,” Norris said.
Up until Wednesday, Garner did not know he was a suspect or the girl was actually a decoy, Norris said. He said, however, through the identity created on MySpace, it’s very clear he believed the girl’s age was 13.
Norris said, after reading the chat logs, the decoy handled the communications professionally.
“She allowed him to control the direction of the conversations,” he said.
While, in some of the chat records, the person police believe to be Garner indicated he and the girl would have to wait until she was 18 to have sex, when the meeting was arranged, it was for sexual gratification of some nature, Norris said. In another chat, the person believed to be Garner also indicated maybe the girl could change his mind about not having sex until she was 18 when they met, Norris said. He also said sexual gratification does not necessarily mean sexual intercourse.
“A kiss can be considered sexual gratification of a person,” Norris said.
He said OSP could have pursued its investigation into Garner longer to gather more evidence, but time became a factor.
“We weren’t in the position to be able to wait, before the school year started, to take action,” he said.
Norris said he wants the case to be tried as expediently as possible as well because Garner has a wife and three children and is a well respected teacher in the community.
“I would like to move this quickly because this is not something healthy for the community, and so the faster we get it adjudicated the better,” Norris said.
According to a press release this morning from Ontario School District, Garner resigned from the school district after he was arrested yesterday. The press release said Garner is suspended from all contact with students in the district.
In other court news: Thomas Dunbrasky, 54, Fruitland, pleaded not guilty to two counts of sexual abuse of a minor younger than 16, in Payette County District Court Wednesday. Dunbrasky’s trial is set to begin at 9:30 a.m. Nov. 25.
According to the complaint filed by Payette County Prosecuting Attorney’s Office in June, Dunbrasky is accused of exposing himself to a girl, now 10, and asking her to perform oral sex in two separate instances. The first instance occurred between March 27, 2006 and April 2, 2006, when the child was 8, and again between Nov. 1, 2006 through April 1, 2007.
anonomus wrote on Nov 18, 2009 7:37 PM: