http://azdailysun.com/news/local/crime-and-courts/article_7509490b-5e9b-553c-b7e2-c55730839b73.html
Ex-teacher gets 2 years for sex with minor students
John Pertuit (right) sits next to his attorney Bruce Griffen while awaiting sentencing after pleading guilty to having sex with two minor students. Pertuit was a high school teacher and martial arts instructor. (Josh Biggs/Arizona Daily Sun)
February 18, 2010 5:05 am • LARRY HENDRICKS Assistant City Editor
A former Coconino High School teacher has been sentenced to two years in prison after he pleaded guilty to having sex with two of his minor students.
John Pertuit, 36, pleaded guilty in December to three counts of sexual conduct with a minor. As part of his agreement with the prosecution, he did not face charges alleged from a third female victim.
According to his plea agreement, the sentence was neither the most lenient nor the most severe possible.
"As I've said before, there is no tolerance for these types of cases," said Coconino County Attorney David Rozema. "Schools must be a safe harbor for learning for all students. We will always take a hard line when someone in a position of trust exploits that position to commit sexual crimes against children and young adults."
Pertuit, when given the opportunity to speak to the packed gallery in Coconino County Superior Court, suggested that he was the victim in the case and never had sexual contact with the two victims despite having pleaded guilty. He contended that the allegations by the two young women were attempts to sue the school district in order to receive large sums of money.
"I am not a menace to society," he said.
SAW HIM AS A MENTOR
The victims, also in the courtroom, listened as a Victim/Witness Services advocate read statements on their behalf to Judge Charles Adams.
One victim stated that she met Pertuit when she was 14. She had low self-esteem and was "awful" with guys. She looked up to Pertuit and saw him as a mentor as her karate teacher.
"I thought he loved me," the victim wrote, adding that she loved him enough to lie to the whole world about their sexual relationship -- even the police initially. Then, he threw her away.
After Pertuit's arrest in February 2009, the victim stated that her community of friends at Pertuit's karate school alienated her, were angry at her. She listened as Pertuit said lies about her. She fell into a depression, began having nightmares and considered suicide.
"He has turned my life into a living nightmare," she stated, adding that even though he continues to lie about what happened, she still loves him in some way.
And she will gladly face the hatred of former karate colleagues if it means putting the teacher she once trusted behind bars so he can't do it to another girl.
Pertuit's attorney, Bruce Griffen, called several friends and colleagues to the stand to remark on Pertuit's remarkable contributions to the community. His support system is considerable.
Levi Middleton, 19, a former student, took karate classes as well as electronics classes from Pertuit -- a person he considers a mentor and someone to look up to.
"He really cared about his students," Middleton said. "He always put them first."
ROUGH DIVORCE
Another friend said a rough divorce made Pertuit "vulnerable" because of the pressure associated with fighting for custody of his son.
Pertuit's sister said on the stand that she continues to believe that her brother did not have sexual contact with the two victims.
"John's not a threat to society," she said. "He is not a threat or a danger to anyone."
In handing down his sentence, Judge Charles Adams disagreed. He said that Pertuit's refusal to accept responsibility for what he did concerned him about Pertuit's rehabilitation and return to society.
In order to get help for a problem, one needed to admit to it, Adams said. Without that, reoffending is likely.
"I don't think anybody wants to see another victim," Adams said.
Looking at the evidence, Adams said he is convinced that Pertuit did commit the crimes to which he pleaded guilty. Factors that detracted from a stronger sentence were that Pertuit has no prior felonies, has meaningful family and community support and has made substantial contributions to the community.
Factors that added to the severity of the sentence were that Pertuit caused substantial emotional harm, committed multiple offenses against multiple victims, and violated his position of trust as a teacher.
"When that trust is violated, I think it's very painful for a community," Adams said.
Adams decided the factors balanced themselves out and sentenced Pertuit to a year in prison on the first two counts to run back to back. He must serve 85 percent of the sentence before he is eligible for parole.
CHANGE IN LAW
Since 2007, Pertuit has been the second FUSD teacher to plead guilty to sex charges involving students. The last teacher, Tawni Wimberley, pleaded guilty and was sentenced to three years of probation.
Rozema said his decision to seek a prison term for Pertuit came in the wake of a change in Arizona law regarding sexual conduct with a minor. Before, the offense had been considered a low-level class 6 felony. But the Legislature added language making the offense a more serious class 2 felony if a teacher betrayed a position of trust, which Pertuit admitted to after the change in the law happened.
Additionally, Rozema said Pertuit was charged with eight felony counts while Wimberley had only been charged with two.
"We asked for prison time in the Wimberley case, but she was placed on probation," Rozema said. "That was not an option in the Pertuit case -- the new law requires he go to prison."
Pertuit must also register as a sex offender and give DNA samples. After he completes his prison sentence, he will be placed on standard probation for the rest of his life.
Larry Hendricks can be reached at 556-2262 or [email protected].
Ex-teacher gets 2 years for sex with minor students
John Pertuit (right) sits next to his attorney Bruce Griffen while awaiting sentencing after pleading guilty to having sex with two minor students. Pertuit was a high school teacher and martial arts instructor. (Josh Biggs/Arizona Daily Sun)
February 18, 2010 5:05 am • LARRY HENDRICKS Assistant City Editor
A former Coconino High School teacher has been sentenced to two years in prison after he pleaded guilty to having sex with two of his minor students.
John Pertuit, 36, pleaded guilty in December to three counts of sexual conduct with a minor. As part of his agreement with the prosecution, he did not face charges alleged from a third female victim.
According to his plea agreement, the sentence was neither the most lenient nor the most severe possible.
"As I've said before, there is no tolerance for these types of cases," said Coconino County Attorney David Rozema. "Schools must be a safe harbor for learning for all students. We will always take a hard line when someone in a position of trust exploits that position to commit sexual crimes against children and young adults."
Pertuit, when given the opportunity to speak to the packed gallery in Coconino County Superior Court, suggested that he was the victim in the case and never had sexual contact with the two victims despite having pleaded guilty. He contended that the allegations by the two young women were attempts to sue the school district in order to receive large sums of money.
"I am not a menace to society," he said.
SAW HIM AS A MENTOR
The victims, also in the courtroom, listened as a Victim/Witness Services advocate read statements on their behalf to Judge Charles Adams.
One victim stated that she met Pertuit when she was 14. She had low self-esteem and was "awful" with guys. She looked up to Pertuit and saw him as a mentor as her karate teacher.
"I thought he loved me," the victim wrote, adding that she loved him enough to lie to the whole world about their sexual relationship -- even the police initially. Then, he threw her away.
After Pertuit's arrest in February 2009, the victim stated that her community of friends at Pertuit's karate school alienated her, were angry at her. She listened as Pertuit said lies about her. She fell into a depression, began having nightmares and considered suicide.
"He has turned my life into a living nightmare," she stated, adding that even though he continues to lie about what happened, she still loves him in some way.
And she will gladly face the hatred of former karate colleagues if it means putting the teacher she once trusted behind bars so he can't do it to another girl.
Pertuit's attorney, Bruce Griffen, called several friends and colleagues to the stand to remark on Pertuit's remarkable contributions to the community. His support system is considerable.
Levi Middleton, 19, a former student, took karate classes as well as electronics classes from Pertuit -- a person he considers a mentor and someone to look up to.
"He really cared about his students," Middleton said. "He always put them first."
ROUGH DIVORCE
Another friend said a rough divorce made Pertuit "vulnerable" because of the pressure associated with fighting for custody of his son.
Pertuit's sister said on the stand that she continues to believe that her brother did not have sexual contact with the two victims.
"John's not a threat to society," she said. "He is not a threat or a danger to anyone."
In handing down his sentence, Judge Charles Adams disagreed. He said that Pertuit's refusal to accept responsibility for what he did concerned him about Pertuit's rehabilitation and return to society.
In order to get help for a problem, one needed to admit to it, Adams said. Without that, reoffending is likely.
"I don't think anybody wants to see another victim," Adams said.
Looking at the evidence, Adams said he is convinced that Pertuit did commit the crimes to which he pleaded guilty. Factors that detracted from a stronger sentence were that Pertuit has no prior felonies, has meaningful family and community support and has made substantial contributions to the community.
Factors that added to the severity of the sentence were that Pertuit caused substantial emotional harm, committed multiple offenses against multiple victims, and violated his position of trust as a teacher.
"When that trust is violated, I think it's very painful for a community," Adams said.
Adams decided the factors balanced themselves out and sentenced Pertuit to a year in prison on the first two counts to run back to back. He must serve 85 percent of the sentence before he is eligible for parole.
CHANGE IN LAW
Since 2007, Pertuit has been the second FUSD teacher to plead guilty to sex charges involving students. The last teacher, Tawni Wimberley, pleaded guilty and was sentenced to three years of probation.
Rozema said his decision to seek a prison term for Pertuit came in the wake of a change in Arizona law regarding sexual conduct with a minor. Before, the offense had been considered a low-level class 6 felony. But the Legislature added language making the offense a more serious class 2 felony if a teacher betrayed a position of trust, which Pertuit admitted to after the change in the law happened.
Additionally, Rozema said Pertuit was charged with eight felony counts while Wimberley had only been charged with two.
"We asked for prison time in the Wimberley case, but she was placed on probation," Rozema said. "That was not an option in the Pertuit case -- the new law requires he go to prison."
Pertuit must also register as a sex offender and give DNA samples. After he completes his prison sentence, he will be placed on standard probation for the rest of his life.
Larry Hendricks can be reached at 556-2262 or [email protected].
http://azdailysun.com/news/teacher-at-coco-high-arrested-on-sex-charges/article_80403c95-e07f-53cd-a5fe-333378f71576.html
Teacher at Coco High arrested on sex charges
February 24, 2009 11:00 pm • By LARRY HENDRICKS Assistant City Editor
Flagstaff police have arrested a Coconino High School teacher and karate studio owner on charges that he had sex with two of his minor students.
John Pertuit, 35, 1720 N. Center St., was booked into the county jail Monday afternoon on six counts of sexual conduct with a minor, according to information from the police department.
Pertuit (pronounced Per-tree) had been arrested quietly on school grounds, said Detective Casey Rucker of the police department.
Pertuit teaches electronics at the high school, and he rents the school gym for his martial arts business, called KIKS American Karate, Rucker said.
Superintendent Kevin Brown of the Flagstaff Unified School District said Pertuit has been placed on paid administrative leave pending the outcome of the investigation.
Brown added that Pertuit passed a background test required by the district before he could be hired by the district as a teacher eight years ago, and he was made aware of the district's policies on how teachers should interact with students on and off campus (see related story).
According to human resources staff at the school, Pertuit was hired in December 2000.
The two alleged victims are 15 and 16 years old, Rucker said. Both were students of his at CHS and the karate school.
Investigators have served a search warrant on Pertuit's home in order to secure evidence showing the two alleged victims were his students.
None of the alleged crimes is believed to have been committed on school grounds, Rucker said. The alleged sexual intercourse also appears to have been consensual.
PREVIOUS INVESTIGATION CLOSED
The investigation is continuing, Rucker said, and it is possible more victims will be identified. The current charges reflect crimes that are alleged in the last 11 months, Rucker said.
But Pertuit was the subject of a police investigation into similar charges in 2007, according to police reports. The case was closed as unfounded at the time because the alleged victim, who also was a student of Pertuit's and under 18 at the time, refused to cooperate with police in the investigation. She would not give a statement to police.
Rucker said Pertuit chose not to speak with investigators after his arrest.
According to state law, "a person commits sexual conduct with a minor by intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person who is under 18 years of age."
County Attorney David Rozema said that when the suspect is an alleged victim's teacher, the crime is considered a Class 2 felony as of January 2008. Prior to that date, incidents involving minors 15 and older were prosecuted as Class 6 felonies.
Upon conviction, the sentencing range is 3 to 12 1/2 years in prison per offense, and the sentences could potentially run back-to-back if different victims and different alleged crimes are involved, Rozema said.
Teachers convicted of the new law must serve the full sentence, with no time off for good behavior, Rozema added.
Pertuit's bond was set at $75,000 cash only on Tuesday, according to jail staff. His next court appearance is scheduled for March 5 in Flagstaff Justice Court.
Residents who might have information about the case are asked to contact the police department at 774-1414.
Larry Hendricks can be reached at 556-2262 or [email protected].
Teacher at Coco High arrested on sex charges
February 24, 2009 11:00 pm • By LARRY HENDRICKS Assistant City Editor
Flagstaff police have arrested a Coconino High School teacher and karate studio owner on charges that he had sex with two of his minor students.
John Pertuit, 35, 1720 N. Center St., was booked into the county jail Monday afternoon on six counts of sexual conduct with a minor, according to information from the police department.
Pertuit (pronounced Per-tree) had been arrested quietly on school grounds, said Detective Casey Rucker of the police department.
Pertuit teaches electronics at the high school, and he rents the school gym for his martial arts business, called KIKS American Karate, Rucker said.
Superintendent Kevin Brown of the Flagstaff Unified School District said Pertuit has been placed on paid administrative leave pending the outcome of the investigation.
Brown added that Pertuit passed a background test required by the district before he could be hired by the district as a teacher eight years ago, and he was made aware of the district's policies on how teachers should interact with students on and off campus (see related story).
According to human resources staff at the school, Pertuit was hired in December 2000.
The two alleged victims are 15 and 16 years old, Rucker said. Both were students of his at CHS and the karate school.
Investigators have served a search warrant on Pertuit's home in order to secure evidence showing the two alleged victims were his students.
None of the alleged crimes is believed to have been committed on school grounds, Rucker said. The alleged sexual intercourse also appears to have been consensual.
PREVIOUS INVESTIGATION CLOSED
The investigation is continuing, Rucker said, and it is possible more victims will be identified. The current charges reflect crimes that are alleged in the last 11 months, Rucker said.
But Pertuit was the subject of a police investigation into similar charges in 2007, according to police reports. The case was closed as unfounded at the time because the alleged victim, who also was a student of Pertuit's and under 18 at the time, refused to cooperate with police in the investigation. She would not give a statement to police.
Rucker said Pertuit chose not to speak with investigators after his arrest.
According to state law, "a person commits sexual conduct with a minor by intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person who is under 18 years of age."
County Attorney David Rozema said that when the suspect is an alleged victim's teacher, the crime is considered a Class 2 felony as of January 2008. Prior to that date, incidents involving minors 15 and older were prosecuted as Class 6 felonies.
Upon conviction, the sentencing range is 3 to 12 1/2 years in prison per offense, and the sentences could potentially run back-to-back if different victims and different alleged crimes are involved, Rozema said.
Teachers convicted of the new law must serve the full sentence, with no time off for good behavior, Rozema added.
Pertuit's bond was set at $75,000 cash only on Tuesday, according to jail staff. His next court appearance is scheduled for March 5 in Flagstaff Justice Court.
Residents who might have information about the case are asked to contact the police department at 774-1414.
Larry Hendricks can be reached at 556-2262 or [email protected].