Q: Mr. Federal Way, we both know there was a music teacher who was fired by the Federal Way school district. I want to know why his case was plea bargained down to fourth-degree assault and that he has been charged twice and he still doesn’t have to register. How does that happen? Now, I have seen he is advertising to do private music lessons. So how long before there is another victim and then the courts will be liable because they didn’t protect the community from this threat?
A: Let’s layout the facts: The music teacher you are referring to was charged in May 2007 with communicating with a minor for immoral purposes after police recommended he be charged with first-degree child molestation. This was because said music teacher, who taught at Twin Lakes Elementary and cannot be named because he wasn’t charged with that crime, allegedly touched and squeezed the bum of an 11-year-old student. She alleged he kept his hand under her as she sat and left it there until she finished a song she was playing. The girl’s mother found out after reading the girl’s diary, which mentioned she was scared of the teacher, she was afraid of being transferred to another school and worried no one would believe her.
After the then-52-year-old was fired from the school district because of the charges and for lying about marrying a former student at a former high school he worked at, he pleaded guilty to fourth-degree assault. So, why were the charges dropped down to fourth-degree assault, you ask? Mr. Federal Way wondered the same thing. According to King County Prosecutors Office spokesman Dan Donohoe, “prosecutors assessed there were some risks in proceeding to trial” for that charge.
“Our goal was to hold the defendant accountable for his conduct and felt that a guilty plea would achieve that and facilitate getting the defendant to participate in sexual deviance [treatment],” he said.
Although he was alleged to have had inappropriate behavior with students at a previous school (the one where his former student he married attended), those allegations were never substantiated and he was never charged. And because the law is that you only register as a sex offender if you’re convicted, not charged with a sex offense, Mr. Music Man has been able to live life without the big red “S.O.” over his head.
But still, wouldn’t assault against a child be enough to keep the man away from children? After all, he did write this in his fourth-degree assault guilty plea statement: “On April 16, 2007 in King County Washington with intent to create in [the victim] apprehension and fear of bodily injury, I did an act which created in [the victim] reasonable apprehension and imminent fear of bodily injury.”
His sentence was a mere 30 days of community service hours, no jail time (it was suspended) and two years of probation. He couldn’t have contact with the girl, isn’t allowed to have contact with minors if he isn’t accompanied by an adult who knows the conviction (but his own children are OK) and he had to undergo a sexual deviancy evaluation from a state-provided treatment center. Oh, and some thousand dollars in restitution.
What was interesting is that during this sexual deviancy treatment for that case, he admitted in a polygraph to touching a relative’s genitals several years ago when she was 6 years old. However, prosecutors threw out the case because the court granted the man’s motion to suppress the victim’s trial testimony. Court documents indicate the request was granted because when the suspect was first charged, the victim’s mother asked her children if he had inappropriately touched them, which they replied “no.” And after advice from a counselor, the suspect called the victim and asked her if she remembered the assault, which she said at the time she didn’t.
The defense claimed the state “has not produced evidence that it would have inevitably discovered [the victim] regardless of [the suspect’s] described disclosures,” the documents state. No matter that the victim went back and told her counselor that she did end up remembering.
Mr. Federal Way did a brief Google search of the guy’s name, plus “music lessons” and was able to find the suspect offering “Musical Instrument Lessons Plus,” with the description “Do you want to take professional guitar classes from a pro? [The suspect] specializes in teaching musical instrument lessons for strings, woodwinds and more. He also offers web designing services.”
When Mr. Federal Way clicks on Mr. Music Man’s offering, it simply takes the viewer to a web page offering his web design, logos, graphics and business skills. Looks to Mr. Federal Way that Mr. Music realized he probably shouldn’t be advertising music lessons online. Hopefully not to children.
Mr. Federal Way thinks this man needs to stay away from any services. People don’t want them. What good did it do for his defense lawyers to work so hard at keeping his name off of the sex offender list? Shame on them and shame on the prosecutors for allowing him to plead guilty to fourth-degree assault instead of the crime his victim claims he committed, which was sexual assault.
Parents, if you want music lessons for your children, all Mr. Federal Way can advise is to read the Aug. 30, 2008 article titled “Ex-FW teacher accused of molesting child” and take note of his name when searching online.
Q: Mr. Federal Way, did you cry when the Seahawks lost to the Panthers?
A: None of your business.
