kaorder1999
01-11-2007, 09:15 AM
Teacher on leave after taping girls wrestling at meet
Garland instructor drew suspicion at GP event; his lawyer vows a fight
08:33 PM CST on Wednesday, January 10, 2007
By RICHARD ABSHIRE / The Dallas Morning News
A first-year teacher and coach at Garland's Lakeview Centennial High School was placed on paid leave this week after being accused of improperly videotaping girls competing at a high school wrestling meet in Grand Prairie.
The Garland school district has no girls wrestling program and had no students participating in the meet.
David Ware, who teaches English and speech communications at Lakeview in addition to coaching volleyball and softball, was expected to surrender this week on a charge of improper visual recording. The state jail felony is punishable by up to two years in prison and a fine of up to $10,000.
"There are two elements to the offense," said Sgt. John Brimmer, a Grand Prairie police detective. "One is that the recording is done without the person's consent, and the other is that it is for the purpose of sexual gratification of another person."
Mr. Ware, 28, is accused of focusing his camera on the female wrestlers' genital areas.
He couldn't be reached for comment. His attorney, Scott Palmer, said that he hadn't seen the tape but that Mr. Ware is interested in coaching wrestling.
Mr. Palmer faulted the law.
"I think this statute is unconstitutional because it's overly broad and vague," he said. "I don't think the Legislature intended to criminalize the taping of clothed people in public places."
Mr. Palmer compared what Mr. Ware is accused of doing to photographing the Dallas Cowboys Cheerleaders at a football game.
"I think there is a constitutional challenge," Mr. Palmer said, "and we are looking forward to our day in court."
The statute, which took effect in 2001, covers still photography as well as video recording. It has yielded mixed results.
A man charged over photos he took of women and children at Southlake's Oktoberfest festival in 2005 was cleared after prosecutors decided the pictures were "indistinguishable from vacation photos."
In July 2004, a retired San Antonio police officer was sentenced to the maximum two years for videotaping a female relative having sex with boyfriends.
The law has also led to arrests in Rockwall and Plano, among other cities.
In the Grand Prairie case, Sgt. Brimmer said that a coach at the wrestling tournament became suspicious of Mr. Ware and contacted a school resource officer. The officer confronted Mr. Ware, who turned over the tape from his video camera.
Mr. Ware had raised suspicion in part, Sgt. Brimmer said, because he wasn't affiliated with any of the competing teams. Investigating officers determined that he was not at the tournament in any official capacity.
"We haven't spoken with the Grand Prairie police, but they sent word by the Garland police that a warrant had been issued," said Reavis Wortham, a Garland school district spokesman.
Mr. Wortham said a long-term substitute had been found to replace Mr. Ware until the situation is resolved.
Garland instructor drew suspicion at GP event; his lawyer vows a fight
08:33 PM CST on Wednesday, January 10, 2007
By RICHARD ABSHIRE / The Dallas Morning News
A first-year teacher and coach at Garland's Lakeview Centennial High School was placed on paid leave this week after being accused of improperly videotaping girls competing at a high school wrestling meet in Grand Prairie.
The Garland school district has no girls wrestling program and had no students participating in the meet.
David Ware, who teaches English and speech communications at Lakeview in addition to coaching volleyball and softball, was expected to surrender this week on a charge of improper visual recording. The state jail felony is punishable by up to two years in prison and a fine of up to $10,000.
"There are two elements to the offense," said Sgt. John Brimmer, a Grand Prairie police detective. "One is that the recording is done without the person's consent, and the other is that it is for the purpose of sexual gratification of another person."
Mr. Ware, 28, is accused of focusing his camera on the female wrestlers' genital areas.
He couldn't be reached for comment. His attorney, Scott Palmer, said that he hadn't seen the tape but that Mr. Ware is interested in coaching wrestling.
Mr. Palmer faulted the law.
"I think this statute is unconstitutional because it's overly broad and vague," he said. "I don't think the Legislature intended to criminalize the taping of clothed people in public places."
Mr. Palmer compared what Mr. Ware is accused of doing to photographing the Dallas Cowboys Cheerleaders at a football game.
"I think there is a constitutional challenge," Mr. Palmer said, "and we are looking forward to our day in court."
The statute, which took effect in 2001, covers still photography as well as video recording. It has yielded mixed results.
A man charged over photos he took of women and children at Southlake's Oktoberfest festival in 2005 was cleared after prosecutors decided the pictures were "indistinguishable from vacation photos."
In July 2004, a retired San Antonio police officer was sentenced to the maximum two years for videotaping a female relative having sex with boyfriends.
The law has also led to arrests in Rockwall and Plano, among other cities.
In the Grand Prairie case, Sgt. Brimmer said that a coach at the wrestling tournament became suspicious of Mr. Ware and contacted a school resource officer. The officer confronted Mr. Ware, who turned over the tape from his video camera.
Mr. Ware had raised suspicion in part, Sgt. Brimmer said, because he wasn't affiliated with any of the competing teams. Investigating officers determined that he was not at the tournament in any official capacity.
"We haven't spoken with the Grand Prairie police, but they sent word by the Garland police that a warrant had been issued," said Reavis Wortham, a Garland school district spokesman.
Mr. Wortham said a long-term substitute had been found to replace Mr. Ware until the situation is resolved.