OHS teacher charged in Internet sting case released from county jail
By JESSICA KELLER
ARGUS OBSERVER
Friday, August 15, 2008 10:37 AM PDT
VALE — An Ontario man arrested Wednesday and charged with online sexual corruption of a child was indicted and arraigned Thursday at Malheur County Circuit Court.
Joseph Tracy Garner, 42, a former Ontario High School teacher, was indicted on seven counts of online sexual corruption of a child in the second degree Thursday morning.
The charges stem from a three-month investigation that began with a private organization that specializes in identifying potential sexual predators online through use of decoys.
The private organization started its investigation in May after a person, whom police said they believe to be Garner, contacted a decoy impersonating a 13-year-old Oregon girl on a MySpace account and initiated explicit conversations of a sexual nature with the fictional teen.
The organization notified Oregon State Police in June, when, through the online conversations, the person police assert to be Garner tried to arrange a physical meeting with the girl for the purposes of sexual gratification of some nature, which is a crime in Oregon. The communications were traced back to Garner’s computer account. OSP, assisted by the Ontario Police Department and Malheur County’s Sheriff’s Office, also executed a search warrant at Garner’s residence Wednesday.
At his afternoon arraignment, Malheur County Circuit Court Judge J. Burdette Pratt agreed to Garner’s release from Malheur County Jail on his own recognizance, Malheur County Deputy District Attorney Lung Hung said. Pratt placed three conditions upon his release, Hung added. Under the stipulations, Garner must contact a counselor weekly; he cannot access or use computers, computer equipment or technology with Internet capabilities; and he cannot have any contact with minors except his own children.
Hung said at the arraignment Garner indicated he would retain his own attorney.
His pre-plea conference was scheduled for Sept. 11. Garner’s plea hearing is set for 8 a.m. Sept. 19.
At the pre-plea conference, Hung said, Garner, his attorney and the D.A.’s Office will meet and discuss a resolution to the case.
Online sexual corruption of a child in the second degree is a Class C felony, which carries a maximum penalty of up to five years in prison in Oregon. Garner, however, may not face jail time because he’s considered “presumptive probation” based on state sentencing chart. The chart factors in severity of the crime and criminal history, which Garner does not have, Hung said.
“He’s presumptively probation, but again, it’s up to the court to set the sentence,” Hung said. “Presumptive doesn’t mean definitely, I guess.”
After his arrest Wednesday, Garner, a longtime Ontario High School social studies teacher and off-and-on high school and middle school coach, resigned from the Ontario School District. Garner had taught at OHS since 1999, Ontario School District Superintendent Dennis Carter said.
He said the school district has already placed advertisements for the position on an online Web site, and while, it’s always hard to find teachers right before the school year, positions for social studies teachers are not as difficult to fill as others.
“While we don’t like to have to hire teachers the week before school starts this isn’t something we haven’t done before,” Carter said. “We’ve never had this happen, but we’ve had to hire teachers right before school.”
Carter said, however, the school district is anticipating Garner’s resignation and the circumstances to have lingering effects on staff and even students.
“In situations like this, it’s sometimes hard for co-workers and even students to come to terms with,” Carter said, adding Garner was very well thought of among students and staff, and the circumstances may be very difficult for some to react to.
He said district administrators have already set up a plan to provide counseling when needed after school begins.
Administrators have also started working with staff, addressing their concerns, and preparing them for working with students.
Wake up wrote on Sep 21, 2008 5:26 PM: