Former teacher pleads guilty

By JESSICA KELLER
ARGUS OBSERVER
Sunday, September 21, 2008 12:39 AM PDT

VALE — Former Ontario High School teacher Joseph Tracy Garner pleaded guilty to seven charges of online sexual corruption of a child in the second degree in Malheur County Circuit Court Friday morning.

Garner, 42, was indicted on those charges Aug. 14 after he was arrested Aug. 13. The charges stemmed from a three month investigation that began with a private organization that specializes in identifying potential sexual predators online through the use of decoys.

The private organization started its investigation in May after a person, whom police later identified as Garner, contacted a decoy acting as a 13-year-old Oregon girl on a MySpace account and initiated explicit conversations of a sexual nature. The organization notified Oregon State Police in June, when, through the online conversations, Garner tried to arrange a physical meeting with the girl for the purposes of sexual gratification of some nature, which is a Class C felony crime in Oregon. The communications were traced back to Garner’s computer account.

Garner will be sentenced at 8 a.m. Nov. 3 in Malheur County Circuit Court, although stipulations were placed upon Garner prior to sentencing, which he agreed to.

Those stipulations include obtaining a sex offender evaluation and following the resulting recommendations. Garner will also have to take a polygraph exam answering whether, since becoming a teacher, he had physical sexual contact with a minor. Garner will also have to disclose any sexually-explicit communication with people he believed to be younger than 18 before he is sentenced.

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Malheur County District Attorney Dan Norris said the polygraph test results and the sexually-explicit communication disclosure are necessary before sentencing.

“The judge needs the information to make the determinations regarding what the appropriate sentence is,” Norris said.

Under state sentencing guidelines, Garner is “presumptive probation,” meaning he will likely receive probation because, in part, he does not have prior criminal history, Norris said.

The judge, however, will use his or her discretion on sentencing and whether to impose probation or jail time, depending on whether he follows the stipulations and answers the questions honestly.

“We’ve already visited with the judge, and those are the questions that both the court and my office need answered before we make a final recommendation,” Norris said.

Norris said if Garner does not pass his polygraph or answer honestly regarding conversations, the judge could decide to impose jail time. He said that information will also aid in determining Garner’s treatment and help protect public safety.

“If he doesn’t start the treatment program honestly, then he poses more of a public safety risk,” Norris said.