Prison for ex-York Tech teacher who groped 2 students
A former York County School of Technology teacher convicted in July of touching the genitals of two students in 2016 must spend about a year in prison, a judge has ruled.
Kevin Nagle, 44, of McSherrystown, was sentenced in York County Court on Monday, Oct. 1, to a year minus two days to two years minus two days in York County Prison, plus three years of probation.
Presiding Common Pleas Judge Maria Musti Cook ordered Nagle to report to prison on Thursday, Oct. 4.
He must register with state police as a sexual offender for 15 years under the state's Megan's Law, according to deputy prosecutor Teresa Jauregi.
A pre-sentence investigation done by county probation officers recommended Nagle be sentenced to state prison time, and Jauregi asked the judge to send Nagle to state prison for three to six years.
The prosecutor argued there should be no more "slaps on the wrist" for sexual offenders "because they are (thought of as) good upstanding members" of their community.
Jauregi said Nagle gained the trust of his victims then used that trust to sexually assault them.
"He took his position of authority and he abused it ... in a serious fashion," Jauregi told the judge.
Defense attorney Elisabeth Pasqualini, who replaced defense attorney Terrence McGowan after Nagle's trial, acknowledged the conduct for which her client was convicted is "terrible" but said it isn't Nagle's whole story.
"There were 20-some years before that he led an exemplary life," Pasqualini noted.
Nagle's wife, Belinda Nagle, spoke in court, saying she's known her husband for 17 years.
"This man would not harm a fly," she said. "This man lives his life to become a better man every day."
Kevin Nagle also spoke in court, saying the past 22 months have changed the "landscape" of his life.
Lost sense of trust: One of his two victims also spoke briefly.
"Before all this happened ... I thought he was a really nice teacher," the young man said, adding that's what caused him to open up to Nagle and share personal aspects of his life.
Now, the young man said, "I"m not able to trust anyone anymore."
Jurors who convicted Nagle for inappropriately touching two students also heard from a third student who made similar allegations. Nagle was not charged with touching that youth.
On Monday, Jauregi reminded the judge that there was a fourth young man who came forward. No charges were filed for alleged conduct against that young man, and he was not permitted to testify at trial, according to the prosecutor.
In handing down her sentence, Judge Cook said she couldn't ignore the fact that Kevin Nagle has no prior criminal history.
She initially denied a defense motion to allow him to remain free pending appeal but said she'll review the motion to see if it changes her mind.
Also on Monday, Cook admonished some of Nagle's supporters in the courtroom. She did not get into specifics but warned them that them contacting witnesses who testified at Nagle's trial "will do him no good." Cook told them to stop.
The background: Jurors deliberated for about two hours July 20 before finding Nagle guilty of two counts each of institutional sexual assault and corruption of minors and one count of indecent assault.
Jurors found that Nagle touched the genitals of two 17-year-old York County School of Technology students under the guise of measuring them for pants.
At the time, Nagle taught business classes at the school and also managed the school store.
The two teens testified they went to the school store to buy shirts in November 2016.
While the two students were there, each alone and on separate dates, Nagle told them that their pants were baggy, then offered to measure them for a proper fit even though neither was buying pants, according to the two teens.
The victims testified at trial that Nagle measured their inseams while they were naked from the waist down and that he touched their genitals while doing so.
The encounters happened in the storeroom of the school store, according to testimony.
One of the teens said Nagle pulled down both his pants and underpants; the other said he wasn't wearing underpants at the time.
Cleaned teen's genitals: The teen who said Nagle pulled down his underpants also testified that Nagle used hand sanitizer and a paper towel to clean behind the teen's scrotum.
The teen also told jurors that Nagle forced him to sit in Nagle's lap at least five times.
He testified that the next day, Nagle gave him five pair of pants, a package of boxer shorts, some shirts and other items, then demonstrated to the teen how to properly wear boxers, touching the teen's genitals again while doing so.
Two school administrators testified during the weeklong trial that Nagle was specifically told in October 2016 not to touch students, not to measure or fit students for clothing and to allow students to buy whatever sizes they chose.
There was nothing introduced at trial to explain why administrators issued those directives to Nagle.
— Reach Liz Evans Scolforo at firstname.lastname@example.org or on Twitter at @LizScolforoYD.