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State won't object to band director's plea change
Wednesday, April 23, 2008
TROY — Miami County prosecutors won't fight a former assistant band director's motion to withdraw no contest pleas to sexual misconduct with a minor charges because the investigating sheriff's deputy now faces allegations of inappropriate behavior with a former Newton High School student.
Prosecutor Gary Nasal on Wednesday, April 23, said in a court filing that the state will not object to Anthony Spahr's request to withdraw two no contest pleas made April 11 in county Common Pleas Court.
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A hearing on the motion filed April 14 by lawyer Chris Bucio was scheduled for Thursday, April 24, before Judge Jeffrey Welbaum, but canceled late Wednesday, April 23. The judge has not ruled on the motion to withdraw the pleas.
Spahr, 29, of Troy, was found guilty April 11 after pleading to two felony counts of unlawful sexual conduct with a minor. He originally was charged with sexual battery, but pleaded to the lesser felony charges of unlawful sexual conduct as part of a plea bargain.
He was accused of sexual misconduct with two girls, ages 16 and 17, between July and September in West Milton. Prior to the allegations, Spahr was an assistant with the Milton-Union High School band.
The same day Spahr pleaded no contest, Deputy Bryce Adams was placed on administrative leave by Sheriff Charles Cox. Adams faces allegations he engaged in inappropriate behavior with a girl, age 17, in October 2005 while serving as a school resource officer. The investigation was turned over to the Montgomery County Sheriff's Office last week.
Bucio claimed in the motion to withdraw that Adams "acted with zeal in the prosecution of Spahr in an effort to resolve the matter before any allegations were made against him."
Nasal challenged claims in Bucio's motion, saying that several were not backed up by any legal authority. He called "ridiculous" the claim that Adams was pushing to resolve the Spahr case.
"To suggest that Deputy Adams has the power to manipulate not only the state's and the court's schedules to cover his alleged nefarious deeds, but also the state's determination as to whether a plea will be offered to Spahr is simply ridiculous," Nasal said in the motion.
