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Guilty

(05/24/08 - Initial BBT Report)

Daryl Thornton Finley, 29, band director at Mount Hope High School in Mount Hope, West Virginia indicted by a grand jury on a felony count of sexual abuse by a parent, guardian or custodian has pleaded guilty to a lesser charge of misdemeanor battery.

It was alleged that Finley fondled the 17-year-old female student through her clothing during a Fayette County school-sponsored bus trip in October of last year.

Under the terms of the plea agreement, prosecutors will not recommend a specific sentence but will however ask the court to find this crime to be sexually motivated. Finley who was facing a maximum sentence of 20 years with the felony count now faces only a maximum sentence of 1 year in jail at sentencing.

Finley who is suspended by the school remains free on $10,000 bond to await sentencing.

07/22/08 - Sentencing

On Monday, Daryl Finley was sentenced. At sentencing Finley contested the state’s contention that the battery conviction was sexually motivated, which would require Finley register as a sex offender.

The victim and her father testified in support of the state’s contention regarding sexual motivation.

The judge ruled that the battery of the 17-year-old girl was sexually motivated.

Finley was sentenced to 12 months in jail, with all but four months suspended. Finley will be allowed to carry out his sentence on a home incarceration program except for five days Finley must spend in jail.

The judge also placed Finley on three years’ probation and ordered him to register as a sex offender for ten years.

References:

Two sentenced in Greenbrier court (07/21/08)

Suspended teacher pleads guilty to battery (05/23/08)

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