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Former assistant band instructor pleads in child sex case

November 30, 1999|By DON AINES

CHAMBERSBURG, PA. ? A former assistant band instructor charged with having a sexual relationship with a 15-year-old Greencastle-Antrim High School student entered a plea agreement Wednesday in Franklin County Court.

Malcomb McCoy, 40, of 11005 Coventry Lane, Hagerstown, pleaded guilty to one count of sexual abuse of a child. McCoy will spend four to 23 months in the county prison as a condition of the plea, Assistant District Attorney Angela Krom said.

In exchange for his plea, charges of involuntary deviate sexual intercourse, aggravated indecent assault and indecent assault will be dismissed, Krom told Judge Douglas Herman.

McCoy was working as an assistant band instructor for the Greencastle-Antrim School District in July 2006 when he met the girl, he told Herman. Later they began exchanging e-mails of a sexual nature, he said.

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"The student and I began a relationship over e-mail that was inappropriate," including sending him photographs of herself in the nude, McCoy said. The specific charge to which he pleaded guilty is for the possession of images of a minor portraying or simulating sexual activity.

McCoy said he was at fault for allowing the relationship to begin and continue.

"He's been cooperative with police all along. He's accepted responsibility all along," defense attorney James Reed said after the plea was entered.

"This was the plea agreement we crafted based on how they wanted to see the case resolved," Krom said of the victim and her family. In addition to the jail sentence, the agreement calls for an unspecified period of probation to follow.

Herman told McCoy his period of incarceration, parole and probation could be up to seven years, the limit for the third-degree felony charge to which he pleaded guilty. Sentencing was set for March 5, giving time for the Pennsylvania State Sexual Offenders Assessment Board time to conduct its evaluation.

The evaluation will determine whether McCoy should be subject to the registration requirements of Megan's Law for 10 years, or life, Reed said.

At the time he met the girl, McCoy was working on a supplemental contract for the marching band season, which extends from mid-summer to November, Greencastle-Antrim School District Acting Superintendent C. Gregory Hoover said in June. The contract was terminated when the district learned of the charges, Hoover said.

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