Sun Staff Reporter
Friday, October 31, 2008
*To see this story as it originally appeared in the Daily Sun, click here
Although prosecutors wanted jail time, a one-time Flagstaff High School teacher will serve three years' probation for having sexual relations with underage students.
Tawni L. Wimberley, who taught computer and technology classes, had sex with two boys, ages 16 and 17, last year. A tearful Wimberley apologized Thursday for hurting the victims, their families and her own family. As a teacher, she wanted to give students a positive adult role model. She said she knows she won't be able to do that ever again.
"I was the adult and I have to hold myself accountable. I screwed up," she said. "It wasn't the victims' fault. It was no one else's fault. It was mine."
Deputy County Attorney Adam Zickerman was skeptical that she was truly remorseful, and said gender should not be an issue in deciding punishment.
The prosecutor aimed for jail time, even if just on the weekends, to achieve justice and send a message that "sex with children -- impressionable, misguided, easily led teens who are in the hands of an educator" -- will not be condoned.
'SINCERELY SORROWFUL'
Coconino County Superior Court Judge Dan Slayton noted that Wimberley has no prior felonies or criminal history, is employed, has sought counseling, and has a history of community service.
He too questioned Wimberley's remorse, but did say he believes she is "sincerely sorrowful" for her actions.
Slayton also said her actions were criminal acts, not "mistakes," and that she had damaged the "incredibly honorable and significant profession" of teaching.
Ultimately, Wimberley received three years of supervised probation for each count, although the probation terms will be run concurrently.
Slayton also handed down a six-month county jail term, which he suspended based upon continued attendance and completion of counseling
She must also complete 100 hours of community service, register as a sex offender for the rest of her life, and have no unsupervised contact with children under 18 except her own.
Violating her probation could potentially net her up to two years in prison per count.
'PROTECTIVE/SURVIVAL MODE'
According to a pre-sentence report, in September of 2007, Flagstaff police learned of rumors that Wimberley had been having sexual relations with former male students that summer.
Wimberley, 30, eventually admitted that her young partners had helped her out with a landscaping project at her home. Many were legal adults. Several young men verified that they had sex with Wimberley.
She said she knew after her first encounter that sex with a former student was wrong, but word got out. The young men would mention it to her as they helped with her landscaping, and although she said the boys did not threaten her, she "went into protective/survival mode so she began having sex with them," the report stated.
Wimberley was charged with three counts of sexual conduct with a minor. She pleaded guilty to two counts in September. According to court documents, Wimberley had consensual sex with several young men in various locations, including a liaison with a recently graduated student in her classroom. She was on leave from her teaching position when the incidents occurred.
While deciding her sentence Thursday, Slayton said the popular teacher abused a position of trust.
"I'm not going to engage in splitting hairs as to whether or not you were on a leave of absence, or whether or not it's a former position of trust," he said. "The fact is that these victims knew you as their teacher."
HUSBAND SEES TRUE REMORSE
Defense attorney John Trebon called seven character witnesses -- including family, former co-workers and parents of former students -- to speak on Wimberley's behalf. They characterized her as remorseful, industrious, caring, committed to counseling and bettering herself, and a good mother to her two young children.
The parents said she was an engaged teacher who positively influenced their children -- in both cases, boys.
Her husband, Brian, said they would work on their marriage, and although he was hurt by his wife's affairs, he loves her.
"I see true remorse," he said. "I see it in her eyes, every time I look."
One of her counselors, Sandra Nevills-Reiff, said Wimberley has worked hard during therapy and appears an unlikely candidate for recidivism. She said her client is not a pedophile.
Nevills-Reiff said Wimberley is remorseful and accepts responsibility for her actions.
"One of the definitions of a pedophile is that there's no remorse whatsoever," she said.
BOY ASKS FOR JUSTICE
One of Wimberley's underage partners spoke briefly, asking for justice. He was 16 when his former teacher took him out to lunch, then had sexual intercourse with him.
The boy's father also entered a statement, saying his son had gone through "torture" and was struggling to complete his senior year.
"I know he was hurt by it, and he was a victim of this predator," the father said.
The boy is not being identified because he is a juvenile victim of a sex crime. Lawyers did not refer to him by name.
Chief Deputy County Attorney David Rozema said his office "took a hard line in this case because we believed the circumstances warranted it."
"Although we asked the judge to impose some prison or jail time, we respect the court's decision to give the defendant an opportunity on probation," he added.
Rozema said schools need to be safe places for all students, boys and girls alike.
"Hopefully, this guilty plea will help protect the sanctity of the classroom," he said.
Hillary Davis can be reached at 556-2261 or hdavis@azdailysun.com.
