Ex-York Tech teacher who groped students will remain free for now, despite bail violation
A former York County School of Technology teacher will continue to remain free on bail pending the appeal of his conviction for touching the genitals of two students, a judge has ruled.
Kevin Nagle, 44, of McSherrystown, appeared in York County Court on Thursday, Jan. 31, for a bail revocation hearing after the county probation office filed a motion Jan. 15 stating he had violated his supervised bail conditions.
In court, probation officer Amy Doll said she filed the motion to have Nagle returned to York County Prison after he told her Jan. 2 that he had been having video conferences with his juvenile daughter.
Doll reminded presiding Common Pleas Judge Maria Musti Cook that Nagle must abide by the county's sex-offender bail conditions, which prohibit any direct or indirect contact with minors.
"What part of 'no contact' does your client not understand?" Cook asked defense attorney Elisabeth Pasquelini.
Pasquelini said Nagle didn't understand at the time that contact with his daughter via video wasn't allowed.
Academic coach: She said Nagle's daughter — who moved out of the family home and is living with her stepsister so Nagle could come home after being released on bail pending appeal — was failing several of her classes.
Nagle had acted as his daughter's academic coach and continued doing so by video after being freed, Pasquelini said, adding that the teen's grades have now improved.
She said Nagle was "not trying to circumvent the court's order."
Deputy prosecutor Teresa Jauregui joined Doll in asking the judge to revoke Nagle's bail, despite saying she was sympathetic to the idea of a parent wanting to improve a child's grades.
"He's not the only learning coach," Jauregui said. "He's not the only parent."
Cook allowed Nagle to remain free on supervised bail but warned him not to violate his conditions again.
"No contact means no contact," the judge said. "No exceptions. No special treatment. No modifications."
Nagle's bail conditions require him to get approval from the county probation department before to having any contact with a minor, Cook said.
The background: Nagle was committed to York County Prison on Oct. 4 to begin serving his sentence of a year minus two days to two years minus two days, but he was released after Cook granted his bail-pending-appeal request on Dec. 17.
Jurors who convicted Nagle for inappropriately touching two students' genitals also heard from a third student at trial who made similar allegations when he testified. Nagle was not charged with touching that youth.
Jauregui has said in court that there was a fourth young man who came forward with similar accusations about Nagle. No charges were filed for alleged conduct against that young man, and he was not permitted to testify at trial.
It took jurors about two hours July 20 to convict Nagle 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 Tech students under the guise of measuring their inseams for pants.
At the time, Nagle taught business classes at the school and also managed the school store.
What victims said: 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.
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.
Sat in Nagle's lap: That teen also told jurors he was forced by Nagle to sit in the man's lap at least five times.
He testified that the next day, Nagle gave him five pairs 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 at the July 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.