http://www.theoaklandpress.com/general-news/20140714/former-macomb-township-karate-school-owner-gets-probation-for-sexual-contact-with-student
Former Macomb Township karate school owner gets probation for sexual contact with student
Joby Clark in a prior court appearance. MACOMB DAILY FILE PHOTO
By Jameson Cook, [email protected], @jamesoncook on Twitter
Posted: 07/14/14, 5:41 PM EDT |
The former co-owner of a Macomb Township karate school was sentenced to five years probation for having sexual contact with a 14-year-old student at the school.
Joby Clark, 41, received the sentence after his two prior trials for third-degree criminal sexual conduct resulted in hung juries. Instead of third trial, Clark and Macomb prosecutors agreed that he would plead no contest to a reduced charge, fourth-degree sexual conduct.
Judge Mark Switalski called the outcome a “compromise” and commended the work of Assistant Macomb County Prosecutor Brian Surma and defense attorney Deanna Kelley, who was not the trial attorney.
“I urged them to work out a compromise” to avoid a potential third mistrial, Switalski said. “It was a very, extremely difficult case to resolve.”
Clark, who had known the victim since she was 10 or 11, was accused of engaging in oral sex with her three times in 2009 and 2010 at Butoku Karate Dojo at 21 Mile and Garfield roads, twice when she was 14 and once around her 15th birthday.
The incidents were voluntary but not consensual. The age of consent is 16.
His business partner immediately severed Clark from the school upon learning of the allegations. Clark’s lawsuit against him is pending.
The conviction offense, contact without penetration, is a two-year misdemeanor. The probationary sentence was within the guideline range from probation up to nine months in jail. Although only convicted of a misdemeanor, Clark must remain on the sex offender registry for 25 years.
The victim, whose identity is being withheld by The Macomb Daily, and her parents favored the deal but weren’t completely satisfied with the outcome. They wished that Clark, who works in sales, would have been banned from using a smart phone and its access to text messaging and the internet.
Surma, noting nearly 2,000 text messages between Clark and the girl, suggested Clark be allowed to use “an old fashioned flip phone that only can make and receive calls.”
He noted that the jury in the second trial voted 11-1 to convict of third degree sexual conduct, a felony punishable by up to 15 years in prison.
But Switalski allowed his use of a smart phone and any other similar device.
The judge only prohibited Clark from being present in locations where youths are present and from within 500 feet the victim and her family and where they work and live.
The victim’s father said after the sentencing he’s concerned Clark can still try to contact underage youths.
“We’re dissatisfied,” he said. “He should have gotten more to stay away from kids. He manipulates kids.”
He said prior to the incidents, “I believed him to be like a son.”
Switalski noted that Clark has suffered many other consequences – loss of half the business, ordeal and expense of a trial, public embarrassment.
The victim, who testified at both trials, told the judge that while she initially did not want to come forward to protect Clark, she realized over the years the impact of the incidents on her.
“I continue to have a hard time understanding how people could not see the truth about really happened,” she said. “I have accepted what I have done and have taken responsibility for my actions, but he has refused to take any accountability for what he has done.
“So I ask you, Joby Clark, what kind of an adult man of 37 years puts a 14-year-old child in the position to take full responsibility, to lie, cover and protect an adult who knew exactly what he was doing. You are not an honorable man.”
The victim, now a 19-year-old college student, said she has suffered, too, in lost friendships. She left the school when the allegations arose.
“I personally do not feel that even this (two year misdemeanor) is even close to enough to the amount of time that should be served for the devastation and suffering that he has caused me, my family and my friends,” she said.
Her mother said in a letter the case “has had an incredible impact on” her daughter,and “has taken a toll on our entire family.”
She and her father said they will not sue Clark.
Clark apologized in a soft voice barely audible in the courtroom gallery; the judge told him to speak louder.
“This relationship was the result of poor judgment on my part,” he said. “This case is the hardest lesson I’ve ever had to learn.”
Clark’s wife, Karin, held his hand next to him while sitting next to him in court. About a dozen of his supporters attended.
The girl who alerted authorities said afterward she doesn’t regret coming forward even though it has strained her relationship with the victim. She said she hopes it prevented Clark from taking advantage of other young girls.
“It changed a lot of people’s lives,” the girl, now 18, said, but added: “I wouldn’t take it back even though I had to go through all this. I wrote him down as my hero in eighth grade. Now he is nothing.”
Former Macomb Township karate school owner gets probation for sexual contact with student
Joby Clark in a prior court appearance. MACOMB DAILY FILE PHOTO
By Jameson Cook, [email protected], @jamesoncook on Twitter
Posted: 07/14/14, 5:41 PM EDT |
The former co-owner of a Macomb Township karate school was sentenced to five years probation for having sexual contact with a 14-year-old student at the school.
Joby Clark, 41, received the sentence after his two prior trials for third-degree criminal sexual conduct resulted in hung juries. Instead of third trial, Clark and Macomb prosecutors agreed that he would plead no contest to a reduced charge, fourth-degree sexual conduct.
Judge Mark Switalski called the outcome a “compromise” and commended the work of Assistant Macomb County Prosecutor Brian Surma and defense attorney Deanna Kelley, who was not the trial attorney.
“I urged them to work out a compromise” to avoid a potential third mistrial, Switalski said. “It was a very, extremely difficult case to resolve.”
Clark, who had known the victim since she was 10 or 11, was accused of engaging in oral sex with her three times in 2009 and 2010 at Butoku Karate Dojo at 21 Mile and Garfield roads, twice when she was 14 and once around her 15th birthday.
The incidents were voluntary but not consensual. The age of consent is 16.
His business partner immediately severed Clark from the school upon learning of the allegations. Clark’s lawsuit against him is pending.
The conviction offense, contact without penetration, is a two-year misdemeanor. The probationary sentence was within the guideline range from probation up to nine months in jail. Although only convicted of a misdemeanor, Clark must remain on the sex offender registry for 25 years.
The victim, whose identity is being withheld by The Macomb Daily, and her parents favored the deal but weren’t completely satisfied with the outcome. They wished that Clark, who works in sales, would have been banned from using a smart phone and its access to text messaging and the internet.
Surma, noting nearly 2,000 text messages between Clark and the girl, suggested Clark be allowed to use “an old fashioned flip phone that only can make and receive calls.”
He noted that the jury in the second trial voted 11-1 to convict of third degree sexual conduct, a felony punishable by up to 15 years in prison.
But Switalski allowed his use of a smart phone and any other similar device.
The judge only prohibited Clark from being present in locations where youths are present and from within 500 feet the victim and her family and where they work and live.
The victim’s father said after the sentencing he’s concerned Clark can still try to contact underage youths.
“We’re dissatisfied,” he said. “He should have gotten more to stay away from kids. He manipulates kids.”
He said prior to the incidents, “I believed him to be like a son.”
Switalski noted that Clark has suffered many other consequences – loss of half the business, ordeal and expense of a trial, public embarrassment.
The victim, who testified at both trials, told the judge that while she initially did not want to come forward to protect Clark, she realized over the years the impact of the incidents on her.
“I continue to have a hard time understanding how people could not see the truth about really happened,” she said. “I have accepted what I have done and have taken responsibility for my actions, but he has refused to take any accountability for what he has done.
“So I ask you, Joby Clark, what kind of an adult man of 37 years puts a 14-year-old child in the position to take full responsibility, to lie, cover and protect an adult who knew exactly what he was doing. You are not an honorable man.”
The victim, now a 19-year-old college student, said she has suffered, too, in lost friendships. She left the school when the allegations arose.
“I personally do not feel that even this (two year misdemeanor) is even close to enough to the amount of time that should be served for the devastation and suffering that he has caused me, my family and my friends,” she said.
Her mother said in a letter the case “has had an incredible impact on” her daughter,and “has taken a toll on our entire family.”
She and her father said they will not sue Clark.
Clark apologized in a soft voice barely audible in the courtroom gallery; the judge told him to speak louder.
“This relationship was the result of poor judgment on my part,” he said. “This case is the hardest lesson I’ve ever had to learn.”
Clark’s wife, Karin, held his hand next to him while sitting next to him in court. About a dozen of his supporters attended.
The girl who alerted authorities said afterward she doesn’t regret coming forward even though it has strained her relationship with the victim. She said she hopes it prevented Clark from taking advantage of other young girls.
“It changed a lot of people’s lives,” the girl, now 18, said, but added: “I wouldn’t take it back even though I had to go through all this. I wrote him down as my hero in eighth grade. Now he is nothing.”
http://www.macombdaily.com/general-news/20140429/former-macomb-township-karate-school-co-owner-pleads-to-sex-with-student
Former Macomb Township karate school co-owner pleads to sex with student
Joby Clark. (The Macomb Daily file photo/DAVID DALTON)
By Jameson Cook, The Macomb Daily
Posted: 04/29/14, 3:13 PM EDT | Updated: 51 secs ago
The former co-owner of a Macomb Township karate school avoided a third trial but gained a criminal conviction Tuesday when he pleaded no contest to having sexual contact with a 14-year-old female student.
Joby Clark, 41, pleaded to fourth-degree criminal sexual conduct, a high-court misdemeanor, on the day he was to on trial for engaging in oral sex with the girl three times in 2009 and 2010 at Butoku Karate Dojo. In exchange for his plea, the judge will dismiss charges of first-degree criminal sexual conduct, punishable by up to life in prison, and in the alternative, third-degree criminal sexual conduct, punishable by up to 15 years in prison.
Two prior trials ended in mistrials due to hung juries.
Assistant Macomb County Prosecutor Brian Surma said the complainant, now an 18-year-old college freshman, and her family agreed with the pact to avoid having to experience another trial, which would have included her testifying for a fifth time, and ensure consequences for Clark. Clark took the stand twice to deny the allegations.
“This provides some ending and closure to the case,” Surma said.
He said a big factor was that Clark will have to remain on the state sex offender registry for 25 years, and not work with youths for duration of his probation, up to five years.
“One of the major concerns was protecting other children by not allowing him to work with youths or teenagers in the future,” Surma said. “Being on the list, hopefully he’ll never be able to open a karate school or have people entrust their children to him.”
Clark likely will avoid serving in jail as the conviction charge is substantially less severe than the original charges.
He is scheduled to be sentenced June 23 by Judge Mark Switalski of Macomb County Circuit Court in Mount Clemens.
The no contest plea is treated as an admission in criminal court but provides some legal protection in civil court.
Despite the plea, Surma said the victim and her father said they do not plan to file a lawsuit.
“They never asked for money and never intend to,” Surma said. “The family has been adamant about that.”
The incidents were discovered by a friend of the girl who saw a text message between the girl and Clark on her phone. The girl initially tried to cover for Clark but later testified she performed oral sex three times in secret at the school. Clark was the business manager at the school at 21 Mile and Garfield roads but resigned under pressure from his partner after the allegations arose.
Clark and the girl were in an adult class together and exchanged nearly 2,000 text messages around the time of the incident, although contents of the messages beyond a few that were testified about weren’t discovered.
Former Macomb Township karate school co-owner pleads to sex with student
Joby Clark. (The Macomb Daily file photo/DAVID DALTON)
By Jameson Cook, The Macomb Daily
Posted: 04/29/14, 3:13 PM EDT | Updated: 51 secs ago
The former co-owner of a Macomb Township karate school avoided a third trial but gained a criminal conviction Tuesday when he pleaded no contest to having sexual contact with a 14-year-old female student.
Joby Clark, 41, pleaded to fourth-degree criminal sexual conduct, a high-court misdemeanor, on the day he was to on trial for engaging in oral sex with the girl three times in 2009 and 2010 at Butoku Karate Dojo. In exchange for his plea, the judge will dismiss charges of first-degree criminal sexual conduct, punishable by up to life in prison, and in the alternative, third-degree criminal sexual conduct, punishable by up to 15 years in prison.
Two prior trials ended in mistrials due to hung juries.
Assistant Macomb County Prosecutor Brian Surma said the complainant, now an 18-year-old college freshman, and her family agreed with the pact to avoid having to experience another trial, which would have included her testifying for a fifth time, and ensure consequences for Clark. Clark took the stand twice to deny the allegations.
“This provides some ending and closure to the case,” Surma said.
He said a big factor was that Clark will have to remain on the state sex offender registry for 25 years, and not work with youths for duration of his probation, up to five years.
“One of the major concerns was protecting other children by not allowing him to work with youths or teenagers in the future,” Surma said. “Being on the list, hopefully he’ll never be able to open a karate school or have people entrust their children to him.”
Clark likely will avoid serving in jail as the conviction charge is substantially less severe than the original charges.
He is scheduled to be sentenced June 23 by Judge Mark Switalski of Macomb County Circuit Court in Mount Clemens.
The no contest plea is treated as an admission in criminal court but provides some legal protection in civil court.
Despite the plea, Surma said the victim and her father said they do not plan to file a lawsuit.
“They never asked for money and never intend to,” Surma said. “The family has been adamant about that.”
The incidents were discovered by a friend of the girl who saw a text message between the girl and Clark on her phone. The girl initially tried to cover for Clark but later testified she performed oral sex three times in secret at the school. Clark was the business manager at the school at 21 Mile and Garfield roads but resigned under pressure from his partner after the allegations arose.
Clark and the girl were in an adult class together and exchanged nearly 2,000 text messages around the time of the incident, although contents of the messages beyond a few that were testified about weren’t discovered.