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State v. Young1/7/2003
The proof in the record establishes that while the thirty-year-old defendant was serving as a Rutherford County Sheriff's Department school resource officer, he was involved over a period of several months in sexual relationships with two teenage girls, C.F. and A.Y., who were students at the school. The defendant pled guilty to one count of sexual battery by an authority figure, a Class C felony, and one count of statutory rape, a Class E felony, for each victim, for a total of four convictions as a Range I standard offender. See Tenn. Code Ann. §§ 39-13-506, -527 (1997). As part of the plea agreement, he received a total effective sentence of five years. Following a sentencing hearing, the trial court rejected the defendant's request for alternative sentencing.
The record consists not only of the sentencing hearing transcript, but also additional transcripts of prior hearings. According to the testimony of C.F. at the sentencing hearing and at prior hearings, she was a fourteen-year-old eighth grader at the school where the defendant was assigned as a school resource officer. The defendant gave her his telephone number during a school dance. She said she began visiting the defendant's apartment, where she and the defendant engaged in sexual relations on five or six separate occasions between December 1999 and April 2000. She testified the defendant also provided her with alcohol and marijuana during their trysts.
C.F. stated her first sexual contact with the defendant involved only oral sex, but thereafter each episode involved oral sex followed by sexual intercourse. C.F. testified the defendant videotaped her having oral sex with both him and his adult friend. C.F. said the defendant threatened to commit suicide if she ever told anyone about their relationship. In a victim impact statement attached to the presentence report, C.F. indicated the offenses had profoundly affected her. She said that as a result, she suffered from depression, had been suicidal, was taking anti-depressants and receiving therapy.
C.F.'s mother testified that C.F. had been placed on a special school program due to her emotional difficulties. She stated C.F. suffered from depression, would cut herself in an effort to ease her emotional pain, was taking anti-depressants, and was being treated by a psychiatrist and a therapist. In a victim impact statement, she said C.F. had also run away twice and had been suicidal.
A.Y. testified at sentencing and at prior hearings that she was a fourteen-year-old seventh grader when she began a sexual relationship with the defendant in December 1999. She said she and the defendant had sexual relations approximately five times between December and June, and they engaged in oral sex and sexual intercourse each time. According to A.Y., she consumed alcohol and used marijuana while she was at the defendant's apartment. A.Y. testified the defendant introduced her to his adult friend, who performed oral sex on her, and to other adults who gave her liquor and marijuana.
According to A.Y., the defendant told her that he loved her, and she thought she was in love with him. She testified at a prior hearing that she was pregnant with the defendant's child, but miscarried. She also indicated her family moved to Ohio because it was difficult for her to remain in school in Rutherford County after other students learned about her relationship with the defendant.
A.Y.'s mother testified that her daughter's grades suffered following the offenses. She said that after the offenses, A.Y. began "acting out," drinking, and taking drugs. She confirmed the family had moved to Ohio to remove A.Y. from the situation in Rutherford County.
Page 1 2 3 4 Tennessee DUI Attorneys
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