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Old 10-29-2009, 10:43 AM
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ilbegone ilbegone is offline
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Default Teacher accused of being drunk in class back at school, no charges to be filed

Teacher accused of being drunk in class back at school, no charges to be filed

Quote:
THE BAKERSFIELD CALIFORNIAN | Monday, Oct 19 2009

No charges were filed against a Curran Middle School teacher who was arrested last month while being under the influences of drugs or alcohol, Kern prosecutors said Monday.

Larry Michaels, 44, a sixth-grade teacher at the school, had been on administrative leave for about three weeks, but he has since returned to the classroom, his union representative said.

Phillip Brown of the Bakersfield Elementary Teachers Association said the incident was a medication issue which has since been resolved.

Sheriff's deputies arrested Michaels on misdemeanor charges of being under the influence and child endangerment.

Deputy District Attorney Scott Spielman said neither charge could have been proven in court. He said the principal detected an odor of alcohol on Michaels, but sent him back to the classroom.

It could be argued, Spielman said, that since the principal sent Michaels back to the classroom, Michaels wasn't a danger to himself or others. That's an essential element to both crimes, he said.

Michaels also suffered no discipline from the school district, Brown said.

The principal, Jason Brannen, referred questions to the district spokesman Steve Gabbitas who did not provide any information to a reporter.
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