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CASPER, Wyo. (AP) — The Wyoming Supreme Court has upheld a 15-to-25-year prison sentence for a former Rock Springs High School band teacher who pleaded guilty to sexually abusing three female students, two of whom testified they didn't consider themselves victims.
In a ruling released Monday, the high court found that a lower court didn't err when it considered the presentence testimony against Troy Thompson rather than in his favor.
The assaults began in 2008 and continued into 2012. The school district fired Thompson in 2010, saying he was unable to follow school protocol regarding student relationships, the Casper Star-Tribune reports (http://bit.ly/1wrKoCV).
Thompson pleaded guilty to one count of first-degree sexual abuse of a minor and two counts of third-degree sexual abuse of a minor.
The two victims who testified at Thompson's sentencing last year said their sex with him was consensual and they didn't think he should go to prison. The other victim didn't testify.
In appealing to the supreme court, Thompson's attorney argued the lower-court judge should have considered the two victims' testimony in handing down a sentence for Thompson.
But the lower court did consider that testimony, the supreme court ruled, and found that the victims' statements were aggravating, not mitigating. The lower-court judge expressed concern that the two victims didn't consider themselves victims, the justices pointed out.
"Although Thompson disagrees, we conclude that the record is clear," the justices wrote.
Thompson's attorney also argued the lower court, during the sentencing hearings, went into recess improperly. Thompson's due-process rights weren't violated because his attorney failed to challenge the recess before the lower court, the justices ruled.
Thompson is serving a 15-to-25-year sentence on the first-degree sexual abuse count and concurrent five-to-eight-year sentences on the third-degree sexual abuse counts.
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Information from: Casper (Wyo.) Star-Tribune, http://www.trib.com
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