- Former teacher pleads guilty to obstruction of justice
|
By Myrna Trauntvein
Times-News Correspondent
A former history teacher and assistant coach of the Juab High School football team pleaded guilty Wednesday to obstruction of justice.
Shane Blackett, 27, of Nephi, was arrested and resigned from the school in May after an allegation surfaced that a minor female student sent him inappropriate photos.
Blackett appeared before M. James Brady, Fourth District Court Judge, on Wednesday for his first day in court on the matter. However, it was not the photos that caused him to receive a sentence, it was a charge of obstruction of justice that brought him to court.
Defense Counsel, Douglas L. Neeley, represented Blackett. The prosecuting attorney was Jared Eldridge, Juab County Attorney.
During his court appearance on Wednesday, Blackett was sentenced to 10 days in the Juab County Jail, which Judge Brady said could be served "on weekends or days off in at least 48-hour increments" and must be completed by March 31.
"Based on the defendant's conviction of obstructing justice, a 3rd Degree Felony, the defendant is sentenced to an indeterminate term of not to exceed five years in the Utah State Prison," said Brady. "The prison term is suspended."
Blackett was placed on probation, to be supervised by Court Probation, for 36 months and is to serve 10 days in the Juab County Jail.
He was also ordered to pay a fine of $1,950 where the surcharge has been added to the fine and was ordered to obtain a psychosexual evaluation by February 21, 2015 and submit proof of evaluation to the Court.
Brady said that Blackett might receive credit on up to 50 percent of his fine for costs incurred toward evaluation and treatment with proof of costs being submitted to the Court if done in a timely manner.
"Defendant is ordered to complete any recommended treatment within a reasonable time," said Brady.
A review hearing is to be set in eight months to see what has been completed.
Brady ordered that the fine and fees were to be paid at the rate of $50 per month with the first payment due by the end of January and each month thereafter until paid in full.
Blackett was ordered to have no contact with the victim or her immediately family in any way.
At the December 10, 2014, arraignment, Blackett entered a plea of guilty.
At that same proceeding, a copy of the Information was given to the defendant who then waived the reading of information.
Judge Brady advised Blackett of his rights and penalties and Blackett waived his right to a Preliminary Hearing.
"Court orders that defendant be held to answer to the charge listed in the information on file," said Judge Brady.
The defendant was then arraigned and the defendant waived time for sentence.
"With the Court finding probable cause, this case is bound over for arraignment," said Brady.
Obstruction of justice is a criminal offense that involves interference, through words or actions, with the proper operations of a court or officers of the court.
In this case, the attempt at destruction of evidence was considered obstruction of justice. Federal and state laws make it a crime to obstruct justice.
Juab School District began an investigation in May into "allegations of misconduct involving a student."
After the district placed Blackett on paid administrative leave and a criminal investigation was begun, the teacher resigned.
"The case was turned over to Nephi City Police Department for ongoing investigation," Dr. Rick Robins, superintendent said.
Blackett was not immediately charged and, in fact, was not charged until Tuesday, December 9. The next day, Wednesday, he plead to obstruction of justice, a third-degree felony.
In a probable cause statement, Jarrod Villar, Nephi Police Officer, submitted evidence in support of the filing of information.
In the Information, Villar stated that on or about April 28, 2014 officers became aware of a teacher who may have been having inappropriate contact with a female student.
"When they interviewed her, she acknowledged that she had sent images to the teacher. That the teacher had solicited inappropriate pictures by phone and she had sent pictures to him...She admitted it was solicited and she admitted to sending him these images via snap chat," read the document.
The images were sent in December 2013 or January 2014.
Officers interviewed Blackett.
"Blackett admitted receiving the inappropriate images in violation of 76-5b-201 from the minor female and that he had become aware that a criminal investigation had begun and that he took steps to erase evidence of a crime from his phone," said Villar in the Information.
The Information document was authorized for presentment and filing on December 8, 2014.
Blackett was charged with one count of obstruction of justice, a third degree felony, for actions on or about April 28, with the "intent to hinder, delay, or prevent the investigation, apprehension, prosecution, conviction, or punishment of any person regarding conduct that constitutes a criminal offense did alter, destroy, conceal, or remove any item or other thing,"
|
