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OHS teacher charged in Internet sting case released from county jail



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.




Comment Blog - Note: All Comments Subject To Approval

Wake up wrote on Sep 21, 2008 5:26 PM:

" "Mary"! Do you have kids? Obviously not! Garner plead GUILTY! He was NOT a "potential" predator, he's a sick criminal! Law enforcement is protecting our nations children from these creeps. "

Mary wrote on Sep 19, 2008 8:44 PM:

" Looking for "potential predators" by creating victim decoys is a perversion carried on at tax payer expense. This form of entrapment stinks to high heaven. "

Justa Thinkin wrote on Aug 30, 2008 12:11 AM:

" All you who think Mr.Garner should be thrown in jail before he is tried in court have faulty thinking are undermining the U.S.Constitution. You should probably have taken Mr. Graner's U.S.History class...If you had you would know he has a right to a fair trial. If he is then found guilty, then and only then should he be punished accordingly. Furthermore, his resignation is not necesarily an omission of guilt. Any teacher in the state can not under the terms of their teaching license be allow to teach,(nor should they until they are cleared of charges.) Conditions of teaching contracts and conditons of release will not allow a teacher to function in the capacity as a teacher. Can you imagine ANY teacher charged with these serious accusations to serve in the classroom while awaiting trial? "

ohs student wrote on Aug 29, 2008 1:51 PM:

" stuff happends. this doesn't take away the fact the hes one of the greatest teachers at ontario. hope fully people remember him as that too. "

Mary wrote on Aug 27, 2008 4:40 PM:

" A sexual predator can be anyone in your community,family,schools,gov. job,etc..They r your neighbor,father,brother,mother,sister,grandpa,etc. They can be anyone..They usually r someone in an authority position,whether it be male,female teenager or whomever!They r usually someone who is "a really nice guy".It has nothing to do w/how u dress.It has to do w/LOW MORALITY. The victims lives will never be the same & the perpatrators families lives will never be the same.Pray for them all. Even if Mr. Garner is found innocent ,his life & his families will never be the same. "

Sick to my stomach wrote on Aug 27, 2008 1:21 PM:

" I do not feel sorry for Mr. Garner in the least. I feel sorry for his innocent wife and children. It makes me ill to know that more and more predators are coming to the forefront of our everyday lives and we have to deal with the repercussions of their sickness. I, for one, am glad that he was caught- fictional girl or not, he has absolutely no right to be around children and putting all of our children in jeopardy. Thinking of the Nawahine case in Fruitland, she really got off easy and with a simple hand slapping. She should be put through the ringer just as any pedophile/predator should. Both of these adults should be punished to the full extent of the law and be labeled as for what they are. In regards to those who say we are convicting before he is tried, uh duh, he convicted himself online. And (not that it makes a bit of difference) this went on for quite some time, they watched him to make sure it was him and not just someone hacking into his account and using his profile to perform these hideous acts. Don't give him credit-he doesn't deserve it. Only give him credit when he owns up to this, takes the classes he needs to, mends his family for the crumbling of their lives: then you can give him credit for doing what he needed to to help heal the wounds. "

OHS Alumni wrote on Aug 26, 2008 11:20 PM:

" Mr. Garner was one of my favorite teachers when I went to school at OHS. I know what he is being accused of is a horrible crime, but I can't help but think of him as the funny, quirky history teacher that brought the most mundane subject to life for me. I think as a community people have the right to feel betrayed. Right now the Garner family needs all the thoughts and prayers that people are willing to spare. I hurt for Mr. Garner's family because I can't imagine the pain that they are feeling right now. I just know that they are all very good people and don't deserve what they are going through right now. "

dfballou wrote on Aug 26, 2008 5:34 PM:

" It is interesting that we have a lot of people here, both convicting this man, and absolving him, with out his right to a fair trial, by a jury of his peers.This countrie's judicial process has eroded terribly, since the introduction of mass media. aka Media Conviction..Most prosecutors couldnt get a conviction without such a system. But when they do get a conviction, the judges and prosecutors have been known to use selective sentences,Such as the case's with female offenders as opposed to male offenders. AKA teachers and students. And the local Nawahine case. She was given a free ride, and she appears to be a predator. Lets see what this man gets if he is convicted. A point to ponder.. "

hmmmm. wrote on Aug 25, 2008 10:40 AM:

" Although I never had Mr. Garner my husband did. He looked up to him and knew his family well. as you all know this was a shock to most people as it was to my husband. I just want to say that you should think about your post before you wright them. His family has done nothing wrong. Whats the point in hurting them more. I'm sure they are going through enough right now with out your snide comments about their husband/father. "

Peyton Place wrote on Aug 23, 2008 8:58 PM:

" Wow. I cannot believe that even Ontario tries people before the courts in this day and age.

How do you think I FEEL? He was my best friend from the age of 12. I woke up with the TV on 24/7 live at 5pm and bam.

Gee. I stay home for three days and it all breaks loose--car chase local woman arressted in Nigerian scam and THIS. I haven't seen enough of him in 5 years to know squat...he was a busy guy, always was even before becoming a teacher. So where or when did he crack?

I don't think it's wise to susbstitute all these tabloid screaming for facts you may never know as he was brought before a GRAND JURY. till then the bloodlust is absolutely useless.

Be angry. You are entitled to be. Pumping it up with the acting jobs of supposed betrayal and mock indignation is a crime in itself. If he'd done what you are speculating souls would be coming forward as we speak and he wouldn't even be allowerd to leave the jail. I have little respect for you who make things up to spread fear and anger. If you had the duty to prosecute or judge anybody I sanction for your removal from the position permanently.

There remains the task of discovering what happened exactly and trying a man. The French Revolution ended 210 years ago. We have laws and a judicial system. Brandi Swindell is in Boise if you want popcorn.

There are other pressing matters to resolve...major violence still occurs in a housing project two blcks from one of our elementary schools and still there is a stench of gang presense in a federally funded housing development with many disadvantaged persons who arethere because they are poor, wards of the mental health and human services agencies or just trying to get through another day of life. I lived in another such project, West Alameda on and off for about 8 years and they diodn't button that place up until after I finally left. There's a school two bocks from there also.

What makes me the most frustrated is the "if it bleeds, it leads" mentality of the TV news and the belief you seem to have of "kill 'em all" spectatorism. None of you are fit to lead for you only know how to follow. Ms. Nawahine has nothing to do with tis man's case until it shown to be linked, if ever. Justice is not cookie cutter and if you don't pay attention and learn before barking stuff you are right in that I will call it and discredit you.

I'm disappointed a LOT right now. I don't understand but whatever happens I can only hope that ALL are healed and something is learned that helps. I won't defend him. He always had a strange sense of humor but really...My Space? Why go to Planet Obvious even if you aren't going to do that? It's the dumbest website ever. "

Stephanie wrote on Aug 22, 2008 9:54 PM:

" How many of you watch To Catch a Predator? Do you know how many of these guys, who come to the home of a supposedly girl of 12,13, or 14, more than once? There has been a lot of these guys who have been arrested, released, and then show up again on the same show on another day looking for a good time and getting nailed again? You would think they would learn the first time, but they don't. Mr. Garner was not a victim of entrapment; he knew what he was doing was wrong despite that the girl he was talking to, was not 13 years old. The fact that he was trying to set something up, is the evidence to use against him even though he didn't actually do anything beyond the chat or emailing that he was doing. I agree to the methods that the police use to catch these predators, because if it weren't for them, there would be more teens out there being victimized. In some but not all cases, its usually a well respected person that ends up being caught doing bad sex crimes. I don't feel pity for this man one bit, but I do feel bad for his wife and family who have to go through this embarrasment and humiliation of what their husband/father has done not only to them, but to the community as well. What can they say to the community? I think that what each and every one of us need to think about is that none of us are perfect and should not judge this family nor another family for what one has done to the community or to their families. They need support to help them through the rough times that lay ahead. Because its going to be rough for them. Be positive for this family, for the Nawahine family, and anyone else who are in these situations that are innocent. Leave it up to the courts on what is to be done with the perpetrators. Its not up to use to decide. "

To Perspective wrote on Aug 21, 2008 4:10 PM:

" Are you serious??? Whether it was the cops or a real 13 year old, Garner THOUGHT he was talking to a 13 year old! That is a freaking 8th grade girl age he's a 40+ year old man....I can't believe you think there was no crime committed. You have some interesting ways of thinking. As a parent, I am grateful the cops are tracking these kind of creeps, and I think the fact there are dedicated law enforcement to this cause is terrific!

I am praying for his wife and family, as they have been victimized as well. "

disgusting wrote on Aug 21, 2008 3:28 PM:

" I cannot believe the Argus is using this story to sell issues. Good thing the Garner's don't believe in reading it. "

Dumbfounded wrote on Aug 20, 2008 6:23 PM:

" Didn't he think that after he 'met' this YOUNG girl, that as a teacher in a town with only 1 high school that he would eventually see her again and girls of that age 'talk'???? STUPID STUPID STUPID!!! "

Jim Mosier wrote on Aug 20, 2008 2:50 PM:

" This is a very sad matter and it appears that many of us feel a sense of outrage at the reported facts. No matter what the facts actually are, it would seem to me that we are all the victims. Mr. Garner's family most of all. The community ( all of us) are victims when this kind of thing takes place. Even more so when the person who is to have done such a thing is a respected member of our community. Let us be careful in how we respond that we don't cause more hurt than has already taken place. "

Alumni wrote on Aug 19, 2008 12:34 PM:

" Good teacher or not he still committed a crime. I can't belive some of you people are defending him. What makes you think he wouldn't or hasn't already done the same thing to a student @ OHS? What if it was your son or daughter that he was speaking to online. What would you think then? I'm sure you'd change your tune. "

To Everyone wrote on Aug 19, 2008 7:16 AM:

" This man was around children all day long and got caught with his hand in the cookie jar. Who cares if he is a good teacher, or good person. That was a cover for a sick sick man. I feel for his family, but have no simpathy for a man like this. Everyone makes mistakes, but this is unforgiveable. To all of you that pray for him. Why. "

To carzzzeeee wrote on Aug 19, 2008 7:12 AM:

" This is not some made up story. This man is a monster "

To Prespective wrote on Aug 19, 2008 7:10 AM:

" Are you for real. What if that was a real girl. What if this is the second time. Have you seen tto catch a predator. Same thing. He is a monster that needs to be put away before he does it again. If he gets nothing and this happens again I hope you feel a like the moron you are. "

to comparisons wrote on Aug 17, 2008 12:53 PM:

" Mrs. Ribeiro also had to go through months in a rehabilitation center before jail. She, like Mr. Garner also had her name and mug shot plastered all over the news. She may not have gotten much jail time but the pain her and her family went through actually caused her to move, and i'm sure she's still dealing with the consequences. In my opinion, she didn't get off too easy after all. "

To Perspective wrote on Aug 16, 2008 9:28 PM:

" Are you serious? Mr. Garner is the victim, eh? You need clarity, not only on the law (sorry, it is a crime), but also life. Your perspective, is, well, pretty sick. "

Perspective wrote on Aug 16, 2008 4:56 PM:

" It seems some people are missing the vital fact that this "13 year-old girl" never existed... she is fictional, an invention of the police and the organization (probably Perverted-Justice). These are grown people who spend their free time pretending to be young girls looking for older men on the internet... however this may lead you to question what else this teacher has done... in this particular case, there was no crime... he was lured into communicating with some other (probably) 40-year old. "

Comparisons wrote on Aug 16, 2008 12:36 PM:

" Someone asked about a double standard. How about Janice Ribero who used "My Space" among other tools to seduce and have sexual relations with at LEAST two 15 year-old boys? She was never arrested and, when finally put in the work-release center for 30 days, she was allowed to go work at McDonald's with teen-aged kids. There is a huge double standard. I won't defend Joe, but Mrs. Ribero followed through on what Mr. Garner talked about doing and she was virtually exonerated by our system. "

Crazeeee wrote on Aug 16, 2008 12:23 PM:

" i have hung around david and i've heard how he talks about his father and this is the most crazeeies thing i have ever heard of in ontario "

to wondering wrote on Aug 16, 2008 11:53 AM:

" Yes, wondering, if you intend to steal it, but put it back then you can still be prosecuted. They don't have to wait until he met this "girl", his intentions are a crime regardless. "

Curious in Idaho wrote on Aug 16, 2008 10:19 AM:

" I find myself wondering about the incident this time last year in Fruitland, ID with Ms. Nawahine and now, with Mr. Garner. Both upstanding citizens. Both inappropriately interacting with a minor, real or ficticious. Legally and socially, are they viewed the same? Are we more disgusted by a man preying on a young girl than a woman preying on a young man?

Just curious... "

Curious in Idaho wrote on Aug 16, 2008 10:04 AM:

" I find myself wondering about the incident this time last year in Fruitland, ID with Ms. Nawahine and now, with Mr. Garner. Both upstanding citizens. Both inappropriately interacting with a minor. Legally and socially, are they viewed the same? Are we more disgusted by a man preying on a young girl than a woman preying on a young man?

Just curious... "

disappointed wrote on Aug 15, 2008 7:19 PM:

" I had Mr. Garner as a teacher. When I heard about everything that happened I was SHOCKED. I immeadiately bought a paper and read the article. I then came here to make my story known. Mr Garner was one of two of my favorite teachers. He made history come back alive. I still have some of his lectures stuck in my head because he taught with such enthusiam that made students listen to his words. I am praying for both him and his family in this difficult time. The community should recognize how much he encouraged and motivated myself and my peers as well as many others as a coach, a teacher, and a role model. It's unfortunate to have had this happen and his lapse in judgement should go hand in hand with recognition of all the good that this man has done. "

ARGUS HATER wrote on Aug 15, 2008 6:47 PM:

" In my opinion I know that the argus is just doing what it does, but I have no respect for you. There was no need to put this on the first page a second time. I know this is big news and it is the hot topic but maybe you should think about those going through this and realize that by you printing more and more on this is only hurting more. I would like to thank you for making this harder on those effected by this. Good journalism... I would have thought a little more. "

To Concerned wrote on Aug 15, 2008 6:40 PM:

" Maybe you should not believe everything you read and find some real facts. You are a really arrogant person and should look inside yourself at what you really are. I have some words for you but I will stand up and be the bigger person. "

Mr.Poindexter wrote on Aug 15, 2008 6:34 PM:

" I didn't think that Social Studies was in the test but, this nasty affair might indicate part of the culture that causes the school to fail.
The teacher in question has got mixed reviews on the blog roll, its too bad when I think, teachers are rare enough and great teachers even more.
To someone answering to me, not angry are we. I don't see how you construed that when I am doing my best not to post humorously as this is a serious matter.
However, for your satisfaction I submit my resignation to join Mr Garner in pursuit of a new career.

Dear Mr Carter,
We were way out of line.
We did not know what we were doing.
We had been drinking.
We apologize.
It will not ever happen again.

No apostrophes here, Mr.Poindexter "

blc wrote on Aug 15, 2008 3:24 PM:

" It does NOT MATTER whether he met with the "13 year old" in person or participated in these disgusting online interactions. Educators (I am one, I KNOW!) are held to very strict standards when it comes to interactions with students. ANY type of contact with school age students (internet, in person, phone, etc.) of this nature is inappropriate and ILLEGAL. Underage students, by law, CANNOT give "consent" to this type of action.

As a teacher, I am disgusted that people like this tarnish our profession. As a parent, I am irate and disgusted that there are people trying to defend this act of his. As a former student of this man's, I am sick to my stomach!

I hope they throw the book at him. "

Ms. Realistic wrote on Aug 15, 2008 3:09 PM:

" What he did was a crime!!! Even though he never met her, he still had the plans to do so.What if the police wasn't behind this? What if they had met? The police is doing a great job in hunting people like him. He was a teacher. He knew exactly what he was doing. I feel really bad for his family, but I'm sure they will be strong to confront this. My prayers to the family. As to him, he needs to be punished. "

FACT wrote on Aug 15, 2008 2:52 PM:

" A crime is a crime, a good teacher is a good teacher, a hurt wife and children are still a hurt wife a children no matter what.

Mr. Garner was a good teacher to most, he did commit a crime and that is that. His family has a long road ahead and I pray that no one mocks what he has done because while trying to prove a point about a crime commited we are in fact hurting his wife and children even more than he has already done. He hurt and betrayed them and it will not be an easy road ahead. My prayers are with them. "

Curious wrote on Aug 15, 2008 2:29 PM:

" Mr. Poindexter: I don't believe Social Sciences are required in the AYP testing. "

Puhleeze wrote on Aug 15, 2008 2:18 PM:

" So Wondering, Your reasoning is that if I stalk your child but do not kidnap or harm them I commit no crime? If I hold a gun to your head and threaten your life I have not committed a crime since I did not pull the trigger? Puhleeze! "

To Mr.Pointdexter wrote on Aug 15, 2008 2:10 PM:

" WOW!! Angry are we? What have the students done to you? This is about as low as you can go. Hit them while they are down, right? Are you assuming that because he did this the students that he taught are to be attacked? LOW, LOW, LOW. "

Response to Irate wrote on Aug 15, 2008 2:05 PM:

" I understand how you feel and respect that, respect others emotions please... I do not agree with what he did but as a member of a community that is shocked with this I feel that we all should work through our emotions and those that care for Mr. Garner will have a hard time just turning against him in a flash.

With all that said, I hope that he is punished for what he has done, the fact that he was not caught with his hands in the cookie jar does not mean that he would not have eaten it if mommy hadn't noticed. "

Impacted wrote on Aug 15, 2008 2:01 PM:

" I am an OHS parent, my daughter has been very impacted by this happening. Mr. Garner happens to be the one teacher that sparked interest in a school topic that she really did not understand before going into his classroom. She was really looking forward to having another class with him this coming year.

My family and I hurt for Mr. Garner's family and hope that the community does not frown at them for what he has done or is being accused of doing, I am sure they are just as shocked as the rest of us, and hurting as well. "

irate in ontario wrote on Aug 15, 2008 1:55 PM:

" THIS IS ABSOLUTLEY CRAZY !!! WHY ON EARTH IS EVERYBODY DEFENDING THIS GUY ?? BECAUSE HE WAS A TEACHER ?? AN UPSTANDING CITIZEN ?? THIS IS A PREMEDITATED CRIME !!! HE THOUGHT ABOUT AS HE WAS TYPING TO THIS GIRL SO THERE FOR HE IS JUST AS GUILTY AS IF HE WERE TO MEET HER IN PERSON !!! WHAT IS WRONG WITH OUR COMMUNITY ?? I FEEL SORRY FOR HIS DAUGHTER THAT HAS TO CONTINUE SCHOOL AT OHS AND HIS SON !! I PRAY FOR THEM.
I AM REALLY DISAPPOINTED IN OUR TOWN. "

concerned wrote on Aug 15, 2008 1:13 PM:

" "Maybe they should have waited until he arrived at the meeting place before arresting him."
Or perhaps maybe they should have waited until he actually met a child and molested a child before arresting him! "

Mr.Poindexter wrote on Aug 15, 2008 12:37 PM:

" Oh, how the mighty have fallen.
So kids, what has your social studies taught you?
Really, I want to know how you squandered your valuable time and didn't pass Adequate Yearly Progress standards. "

Wondering wrote on Aug 15, 2008 11:01 AM:

" If you go into a store and put something in your pocket with the intent to steal it, but chicken out before you leave and you put it back or a clerk catches you before you leave the store, are you still a shoplifter?Not in the eyes of the law. How can they charge Mr. Garner without him going to meet the "13 year old" girl? Maybe they should have waited until he arrived at the meeting place before arresting him. That would be intent. "

triumph wrote on Aug 15, 2008 10:49 AM:

" This is happening all over the country. Go to www.schoolteachernews.com and click on the Scandal page. They have documented over 310 of these types of incidents since just the beginning of 2008. "


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