Thursday, Oct. 16, 2008

Former Pitman High teacher sentenced to 7 months in sex case

A former Pitman High teacher was sentenced to seven months in county jail Thursday morning for felony charges of having sex with his 17-year-old student.

Stanislaus County Superior Court Judge John G. Whiteside ordered Carl Kubicek, 36, of Turlock to report to county jail Dec. 16.

Kubicek was not subject to state prison time, mainly because the now 18-year-old victim asked for lenience. The two felony charges of unlawful sex — which occurred at the girl's home and in Kubicek's Pitman High classroom during the lunch hour — carried a maximum sentence of more than three years in state prison.

In a small voice, the victim testified on Kubicek's behalf at Thursday's hearing, saying she didn't want Kubicek to go to jail.

Whiteside pressed her to say why.

"It was a consensual relationship and I'm not harmed by it," she said.

The victim's parents also spoke at the hearing, sitting across the aisle from their daughter, who only once turned her head to acknowledge them.

"We'll never be the same," the victim's mother said. "My daughter — she's still being manipulated. (Kubicek) got in her head very deep."

Said the victim's father: "I had a lot of restraint when I watched this guy walk out my front door with my daughter."

Kubicek, who resigned from his job as a math teacher and a football coach at Pitman, was arrested Feb. 8.

According to a probation report, the two engaged in sexual intercourse more than 30 times.

After he was arrested, Kubicek told investigators the girl had confided to him months earlier about a sexual incident with a Turlock police officer.

Deputy District Attorney Annette Rees said Kubicek was required by law to report this to authorities immediately.

"He did not report it," Rees said. "He then rather began a sexual relationship himself with this young lady."

Authorities arrested Turlock police officer Jorge Cruz, who was sentenced last week to 16 months in state prison for three felony counts: sodomy with a minor, oral copulation with a minor and sexual intercourse with a minor.

The girl, who rode along with Cruz to learn about a career in law enforcement, claimed Cruz made threats against her, including that he would "kill or have somebody kill her" if she reported him, according to court documents. The victim said Cruz told her he has family who are in gangs and they have "shot and killed people."

But Rees said there was not enough evidence to prove rape.

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