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Teacher Accused Of Affair With Student Accepts Plea Deal

Carrie McCandless Given Deferred Sentence

POSTED: 11:43 am MDT April 24, 2007
UPDATED: 6:38 pm MDT April 24, 2007

A former Brighton Charter High School teacher accused of sexually assaulting one of her students will likely spend 45 days in jail as part of a plea agreement.

Carrie McCandless pleaded guilty to unlawful sexual contact (class 1 misdemeanor), contributing to the delinquency of a minor (class 4 felony), and tampering with physical evidence (class 6 felony).

Under the deal, the felony charge of sexual assault on a child by one in a position of trust was dropped.

In addition to spending some time in jail, the former social studies teacher and cheerleading coach will likely receive a four-year deferred sentence for both felony charges, her attorney Trent Trani said.

Larimer County District Attorney Larry Abrahamson said that McCandless, as a sex offender, will also have to subject herself to intensive supervision as part of her probation.

"She has to register as a sex offender... for a period of 10 years," said Abrahamson. "She'll have no contact with children under the age of 18 and she will not be able to be employed as a teacher."

Trani said the decision to accept the plea wasn't his. "That was Mrs. McCandless' decision. My position is that the case should have gone to a jury."

"I don't agree with many of the facts alleged," Trani added, "but unfortunately, due to the possible consequences of going to trial and being unsuccessful, Mrs. McCandless felt like she was in a position (where) she had to accept the plea bargain."

Trani said the assertion that McCandless subjected the student to (sexual) contact was ridiculous.

"That's what I believe should have been heard by the jury. I don't think that a jury would have agreed that her conduct was criminal. The jury might have found that her conduct was inappropriate but possibly not criminal," Trani said.

The 17-year-old student in the case, Tommy Clay, appeared on national television in March and said that he and McCandless became close because he found it easy to talk to her.

"And then I guess when we got into it a little bit more, it got a little bit more intimate," Clay said.

Clay told police that during a school-sponsored field trip to Estes Park last October, he and McCandless "made out" on the floor of the cabin. He said that they simulated sex with their clothes on.

Clay also told police that he and McCandless professed their love to each other. He said they once sent 76 text messages to each other in one day. He was 17 at the time. McCandless was 29.

"A lot of my guy friends were showing a lot more respect. As we got further into it, I lost a lot of the friends I had at that school," he said.

Clay said that he and McCandless talked about what would happen if anyone found out about their relationship and agreed that "it's over if it ever comes out."

Clay said he offered to take the blame for what had happened, saying he wanted to protect McCandless.

When another teacher discovered the relationship, "I told Mrs. McCandless that I would take the fall for it. I didn't want her ending up losing her job and I figured I had a lot less to lose than she did," Clay said.

After the allegations surfaced, McCandless was fired. Her husband is the principal at Brighton Charter School.

The president of the charter school's board, David Mundy, faces charges of failing to report child-abuse allegations and tampering with a witness in connection with the case.


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