Christian Giggenbach
Register-Herald Reporter
May 23, 2008 11:19 pm
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LEWISBURG — A Mount Hope High School band director who police said fondled a 17-year-old student during a bus trip last fall pleaded guilty this week to the lesser charge of misdemeanor battery after striking a deal with prosecutors.
Daryl Thornton Finley, 29, of Lewisburg, was indicted by a Greenbrier grand jury in February on one felony count of sexual abuse by a parent, guardian or custodian.
State Police alleged Finley fondled the 17-year-old female student through her clothing during a Fayette County school-sponsored bus trip.
The incident occurred last Oct. 20 while the bus was traveling on Interstate 64 in Greenbrier County and returning home from a football game in Pendleton County, according to police reports. Finley was arrested 10 days later.
Greenbrier Prosecutor Kevin Hanson recused himself from the case because Finley was a possible witness in a previous criminal action where Hanson was the alleged victim. Summers County prosecutor Amy Mann was then appointed to the case. Mann was not available for comment Friday, but court documents indicated Finley pleaded guilty to the battery misdemeanor in exchange for prosecutors dropping the felony child sex charge.
“The state will not recommend a specific sentence in this matter, and the defendant acknowledges that the state will be asking the court to find this crime to be sexually motivated,” Mann said in a May 19 letter to Finley’s lawyer, Michael Whitt.
Finley, who also teaches choir at MHHS, was suspended by school officials pending the outcome of his criminal case. Finley remains free on $10,000 bond.
Finley previously had been facing a maximum prison sentence of 20 years, but that has been reduced to a jail sentence of up to 12 months because of the plea agreement.
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