Monday, Nov. 17, 2008

Ex-Pitman teacher in sex case jailed again after police find him with teen girl

Former Pitman High teacher Carl Kubicek went back to Stanislaus County Jail today after allegedly violating a judge's order to stay away from the female student he'd had sex with.

County probation officers arrested Kubicek after Modesto police found him and the now 18-year-old girl in a Honda Civic near Coleman Brown Park at 10:30 p.m. Sunday. The officers were responding to a "suspicious vehicle" call.

Kubicek was sentenced to seven months in jail last month for having sex with the then 17-year-old student in his classroom and in her home.

Judge John G. Whiteside ordered Kubicek to stay away from the victim, from his sentencing through his jail time and three-year probation.

Kubicek was due to report to the Stanislaus County Jail on Dec. 16.

He did not get state prison time, mainly because the victim asked for leniency. The two felony charges of unlawful sex carried a maximum sentence of three years and eight months in state prison.

Chief Probation Officer Jerry Powers said prison time could be back on the table.

"He hadn't even gone into custody yet on the original offense," Powers said.

"The court could essentialy revoke probation and send him to prison if they chose to."

Powers said Kubicek was compliant with probation officers but would be a prime candidate for a GPS monitoring device in the future.

"It appeared (Kubicek) expected them," Powers said of his officers.

Kubicek was booked into county jail with $20,000 bail. He is due in court Wednesday.

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