Victim’s family responds

By Mary Garrison
Tribune-Courier Reporter
mgarrison@tribunecourier.com

BENTON – After several months of investigation, the case of The Commonwealth vs. Colvett has come to a head.

Michael Colvett, the former Marshall County High School band director accused of engaging in an inappropriate relationship with one of his students, plead guilty to two class A misdemeanor counts of sexual abuse and one class D felony charge of tampering with evidence last Tuesday.

Colvett was originally arrested in October after the parents of a 16-year-old student discovered several messages of a personal nature from the 38-year-old teacher to their daughter.

A comprehensive KSP investigation later turned up evidence to support that Colvett had been carrying on a relationship with the girl, and upon learning of the impending search, he allegedly destroyed electronic correspondence between the two using the “Windows Washer” computer program.

Initially charged with unlawful transaction with a minor, the indictment was later amended to include two counts of second degree sexual abuse, tampering with evidence and felony rape charges.

“Mr. Colvett elected to take an Alford plea,” said Mark Bryant, Colvett’s attorney. “What that means is that even though he denies ever committing the crime or any wrongdoing, he recognizes that there is sufficient evidence to support a possible conviction.”

Both the unlawful transaction with a minor and felony rape charges were dismissed as part of the plea bargain.

Colvett will have to spend the next 20 years on the sex offender registry. In addition, the former teacher must surrender his teaching certification.

Colvett will face jail time, as well. Both counts of sexual abuse are punishable by up to 12 months in jail, and tampering with evidence is a class D felony, punishable by one to five years in prison.

“The Commonwealth has recommended one year on the felony count,” Bryant said. “The sentences would run concurrently, so the maximum amount of time he’ll spend in jail is one year.”

Neither KSP nor the family of the victim will have influence on the final sentencing, Bryant said.

“It’s solely up to the judge,” Bryant explained. “All parties have agreed and signed off on it.”

Sentencing will take place on June 11.

“We would like to thank all of the law enforcement agencies who worked on our case, especially Dean Patterson of KSP and Eva Walker, our prosecutor,” the family of the victim said in a statement issued to the Tribune-Courier. “They both went out of their way to help us and our daughter through this nightmare.”

The family also thanked the community which, they said, offered unwavering support.

“While we don’t feel that justice was served fully, it was not a law enforcement failure. It was a legislative failure.

“We would like to know how it is that someone in our government decided that a 16-year-old is mature enough to be sexually involved with a 37-year-old person of authority. We pray that this ludicrous loophole is closed forever so that no other parent or child suffers in the way that we have.”

Still, the family and some members of the community have questions they feel have been left unanswered.

“From 8:30 a.m. to 3:30 p.m. should be a time for parents to know their children are safe,” the statement went on to say. “However, far too often, our schools lock the doors to the outside world in the name of safety and at the same time are locking our children in with predators.

“Schools must place the safety of our children in front of protecting their reputation.”

The family further stated that they intend to fight for predator-free schools.

“We call on all the wonderful teachers in our schools to demand that those who violate their profession be fired and dealt with by law enforcement instead of a small group of people gathered behind closed doors. People who often refuse to do anything with the hope that the problem will just go away. However, the problem won’t go away until our children’s safety comes first. We pray that day will be soon.”