Former Marshall County Band Director Gets Probation for Sex with Student

When former Marshall County High School band director Michael Colvett got probation rather than jail time, it didn't surprise the parents of a student with whom Colvett was convicted of having a sexual relationship.

“We know the reality that we fell through a crack in the law,” the girl’s father, Jeffrey Collins told the Paducah Sun.

If he meets the terms of his probation, Colvett will not serve any prison time.

This from the Paducah Sun:

Colvett case helped change state's age of consent law

BENTON, Ky. - The Friday sentencing of Michael Colvett, the former Marshall County High School band director convicted in connection with having sex with a
student, concluded eight months of widespread publicity that drew statewide attention and sparked legislative reforms.

State police learned of Colvett’s relationship with a female student last October, when she was 16. Her father had discovered text messages and logs of late-night phone calls between them when he took her cell phone away as a punishment, police said. Because 16 is the legal age of sexual consent in Kentucky, police could charge him only with unlawful transaction with a minor, saying that he encouraged the girl to disobey her parents by seeing him outside of school.

Further investigation revealed the relationship began when the girl was 15, and police charged Colvett in December with felony counts of third-degree rape and tampering with evidence as well as associated misdemeanors.

An Associated Press investigation conducted after Colvett was charged revealed that 95 Kentucky teachers lost their certifications because of sexual misconduct between 2001 and 2005. Eighty percent of the cases involved students. Charges ranged from inappropriate comments to rape and sodomy.

In April, Colvett entered an Alford plea to two counts of second-degree sexual abuse and one count of tampering with evidence. In an Alford plea, a person does not admit guilt, but admits enough evidence exists to convict him. In exchange for the plea, prosecutors dropped a third-degree rape charge.

Colvett’s attorneys, Mark Bryant and Emily Roark, asked to delay the sentencing until this week so Colvett would have time to sell his house. He had to move because of restrictions on where sex offenders live. He lived across the street from Star Academy, a program in which high school dropouts can earn their diploma.

Also in April, Gov. Steve Beshear signed into law a bill making it illegal for teachers, clergy and other authority figures to have sexual contact with anyone under 18.

Previously 16 was Kentucky’s age of sexual consent in all cases, even when alleged sexual contact existed between a student and teacher.

The law goes into effect July 1.

And this.

Little's jail sentence suspended

Long-time FCPS music teacher and community volunteer Charles Little avoided trial by taking a deal with prosecutors for a reduced charge of misdemeanor sexual misconduct...20 years ago. He stood to serve a year in jail.

Swayed by numerous written testimonials, and Little's otherwise clean record, Judge Kim Bunnell decided on probation and community service instead.

This is a photo of Little in happier times; long after the alleged events, but before accusations surfaced. He was the Lexington Festival Committee Chairman in July 2004. In those days, it seemed that every time Rita and I attended a downtown event, Little had organized some part of it. Before his retirement, Little worked tirelessly. He always had something extra going on to showcase student talent. He earned the respect of many.

But subsequent allegations were serious. They involved youngsters. They couldn't be simply dismissed. There was no trial. There was no admission. There was only the court.

This from the Herald-Leader:

JUDGE ORDERS PROBATION, COMMUNITY SERVICE

Charles F. Little Jr., 58, a retired Lexington music teacher accused of sexually abusing three males more than 20 years ago, was placed on probation for two years. He will also have to complete 40 hours of community service and pay $150 in court costs.

Going against a recommendation from prosecutors, a Fayette Circuit judge decided Friday that probation would be the best option for a well-known retired Lexington music teacher accused of sexually abusing three males more than 20 years ago.

Fayette Circuit Judge Kim Bunnell suspended a 12-month jail sentence and placed Charles F. Little Jr., 58, on probation for two years. He will also have to complete 40 hours of community service and pay $150 in court costs.

Bunnell said she decided against sending Little to jail, in part, because she was swayed by a flood of letters of support from Little's friends, former students and colleagues. But the judge also said she took into account Little's criminal record, which doesn't boast anything more than a speeding ticket.

"A lot of people that have written letters on your behalf are people that I know -- and have a great deal of respect for," she said before telling Little his sentence. "You have no criminal history, and I have no reason to think that you'll do anything but succeed on probation."

The decision created sighs of relief on one side of the courtroom; and sobs of despair on the other.

Little, 58, was facing six to 12 months in prison. In December, he accepted a plea deal, which amended three felony counts of third-degree sodomy to three misdemeanor counts of sexual misconduct. Little entered an Alford plea, meaning he was not admitting guilt, but acknowledging there was enough evidence to find him guilty if he went to trial. Prosecutors recommended six months for each charge; however, the judge could not sentence Little to more than one year in jail....

...Bunnell received a stack of letters from teachers and principals, parents and students, ministers and church members. Most attested to Little's impeccable character, his influence in their life, or in the lives of their children....

...Bunnell said she also read a letter from the mother of one of Little's accusers, who wrote to share with her the pain she carried in her heart, and to plead for justice. "I understand the mother's pain," Bunnell said.

Little left the courtroom flanked by several supporters.

Burnett's mother, Mary Nealy, stood in the hallway wiping away her tears. "Lord have mercy on your souls," she yelled to Little and his friends as they walked by. "Your heart is guilty."