Age question delays teacher’s sentencing
Staff writer
Sentencing for former Peabody-Burns teacher Brett McGee was postponed Monday after a Kansas Supreme Court decision prompted new arguments over lifetime supervision.
District Judge Keith Collett reset sentencing for 2:30 p.m. Nov. 2 so he could review Friday’s State v. Contreras decision and filings from both sides.
McGee pleaded no contest in July and was found guilty of two counts of indecent liberties with a child, three counts of unlawful sexual relations between a teacher and student, and one count of aggravated intimidation of a witness.
Six other charges were dismissed under a plea agreement recommending a 53-month prison sentence.
McGee’s attorney, William Dunn, already had sought relief from lifetime post-release supervision, which is required when an offender is at least 18.
However, such additional penalties must be based on facts found by a jury or admitted by a defendant. The Contreras decision held that age is such a fact.
Dunn argues that McGee’s age was not established in a legally sufficient way.
County attorney Michelle Brown disagrees, saying his age was included in his signed plea agreement, which lists his age at 30.
If that’s insufficient, Brown argues, the plea bargain could be set aside or reopened.