Wednesday, Dec. 17, 2008

Ex-Pitman High teacher will have to serve sentence in jail

A former Pitman High School teacher sentenced to nine months in jail for having sex with his 17-year-old student won't get to serve his sentence at home, the Stanislaus County Sheriff's Department said Wednesday.

Carl Troy Kubicek, 36, was denied for the department's home detention program, which allows defendants to serve their jail time from home while wearing an electronic ankle monitor, said deputy Royjindar Singh, the Sheriff's Department spokesman.

"This is not a slap on the wrist, it is a clear message," said Deputy District Attorney Annette Rees. "Of all places, the children in our community should be safe from exploitation at their school, and from their teacher or coach.

"I hope Mr. Kubicek will spend many unpleasant hours in jail considering the damage his selfish gratification has caused."

Kubicek began his sentence Tuesday at the Stanislaus County Public Safety Center in Modesto. He will be required to serve at least two-thirds of his sentence, Singh said. Kubicek may still apply for an alterative work program that allows inmates to live at home and do community service for the final three months of a sentence, Singh said.

Last week, state officials revoked Kubicek's California teaching credential. His wife has filed for divorce, according to Frank Carson, Kubicek's defense attorney.

Carson called the decision to deny Kubicek home detention "unjust" and "arbitrary."

"I know of convicted sex offenders that get home detention. I know people that beat people that get home detention," Carson said. "I think everyone made a mountain out of a molehill."

Singh said each case is individually reviewed and recommendations are made by a sergeant in the sheriff's department's alternative programs unit. Carson said he appealed the decision three times.

Kubicek did not get state prison time for the two felony charges of unlawful sex, mainly because the now 18-year-old victim asked for leniency.

According to a probation report, Kubicek admitted to more than 30 sexual encounters with the girl over five months.

Bee staff writer Merrill Balassone can be reached at mbalassone@modbee.com or 578-2337.