Autorities charged Caviness with two felonies, involuntary deviate sexual intercourse with a child and sexual assault, and a misdemeanor of indecent assault. On Jan. 12, he was freed on his own recognizance, provided he stay away from the victim and the victim’s family.
On June 29, Caviness pleaded guilty to the misdemeanor and agreed to undergo a sex offender evaluation. In exchange for his plea, prosecutors agreed to drop the more serious charges.
A plea deal to ‘spare the victim’
“This wasn’t as bad as some of them we see,” Prosecutor Catherine Primavera said. “I wanted to spare the victim. I knew the outcome would be the same.”
Primavera said she accepted the plea primarily to spare the boy having to testify in court. She added that, regardless of his crime, Caviness probably would have received probation, rather than jail time, since no violence was involved, and it was his first offense.
On Oct. 14, Caviness was fined $1,000 and ordered to pay $440 in restitution to the victim’s family for counseling; to avoid contact with children, including his own; to refrain from pornography; to complete 300 hours of community service; and to serve three years probation.
Caviness was ordered also to register with local authorities for 10 years under provisions of Pennsylvania’s version of Megan’s Law, a federal law passed in 1996 after the kidnap, rape and murder of 7-year-old Megan Kanka by a repeat sex offender in New Jersey.
Returning to Ohio
In keeping with the law, on Oct. 9, Caviness notified Pennsylvania authorities that he planned to return to Ohio. He was placed on “inactive move” status in Pennsylvania and not listed with other registered sex offenders on the state’s sex offender Web site.
On Oct. 29, Ohio authorities notified Montgomery County that Caviness would be registering with them.
Caviness tried to register with the Montgomery County Sheriff’s Office on Nov. 2, but was referred to Greene County authorities because he moved to another residence in Spring Valley. He registered in Greene County on Nov. 3.
“He kind of took us off guard too,” said Ron Van Nuys, a retired Fairborn police captain now in charge of Greene County’s Sex Offender Registration and Notification Unit, or SORN.
Caviness is among more than 19,000 registered sex offenders living in Ohio listed on the state’s SORN Web site.
“Each and every day that (number) changes,” said Holly Hollingsworth, spokeswoman for the Ohio Attorney General’s office.
Under Ohio law, most of the 1,119 juvenile sex offenders registered on Dec. 15 are not listed on the Attorney General’s Web site.
Caviness is identified also on Greene County’s site, along with three other sex offenders who live within two miles of his residence, but not on Web sites in Warren or Montgomery counties. His criminal case is listed only in Pennsylvania records.
Caviness chose to return to the area, though Ohio authorities added 15 years to the duration of his reporting requirements. Identified as a Tier II sex offender, he must register every 180 days for 25 years.
In addition to being required to register again in May — or whenever his home, work, car, e-mail or Internet access changes — Caviness reports to a probation officer in Greene County.
After learning Caviness was part-owner and instructor of the Hand2Hand Acrobatic Center at the time of the incident, Van Nuys contacted the Warren County Sheriff’s Office out of concern other victims had yet to come forward.
But investigators in the sheriff’s office and the Springboro police department said no allegations have been made in their jurisdictions.
“We do not have an open case on this subject. No activity in Warren County,” Lt. Jerry Mays, the SORN officer in Warren County, said in an e-mail.
Wife alerts public of husband’s conviction
Local attention was drawn to Caviness’ case after his wife, Michelle, notified supporters and parents of the gym that she had taken over full ownership. Michelle Caviness emphasized also that her husband had not set foot in the gym since she learned of the allegations in January.
“I thought it was the right thing to do,” Michelle Caviness said, adding she was unaware of any local allegations against her husband.
Among those supporting Michelle Caviness and her four children is Diane Trifiro, a Springboro school board member whose son began going to the gym when he was eight years old and now works there.
“We had absolutely no idea,” Trifiro said.
Alyssa Bekowies of Waynesville said her children enjoyed training with Darin Caviness.
“Never one problem. He was a really fantastic coach,” she said. “It was just a normal gymnastics class.”
Last week, Michelle Caviness said her business remained strong despite the case.
“We have seen no changes in enrollment due to Darin’s out of state conviction,” she said in an e-mail.
Darin Caviness has declined to comment.
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