Felony sexual abuse charges dropped against former substitute teacher - East Idaho News
Driggs

Felony sexual abuse charges dropped against former substitute teacher

  Published at

DRIGGS — The felony charges against a former Teton school district substitute teacher have been dropped following a preliminary hearing in court this week.

But Christopher Heib, 49, of Driggs, is still facing six misdemeanor charges for allegedly touching students inappropriately.

Heib was facing two felony sexual abuse of a minor charges in addition to the misdemeanor battery charges for allegedly touching several students at Teton Middle School inappropriately in March of last year. He denies all the charges.

According to an affidavit submitted by the Teton County Sheriff’s Office (TCSO), Heib substituted for a middle school math class over several days in March, 2016. When the original teacher returned, she forwarded reports from students, who said that a number of them had been touched inappropriately by the substitute teacher. The school immediately took action, calling the sheriff’s office and terminating Heib as a substitute teacher.

The Teton County Prosecutor’s office filed a complaint against Heib with the charges on Dec. 19. That complaint was amended to include the felony charges and filed on Feb. 9, 2017.

One of the felony charges was later withdrawn prior to Monday’s hearing. Idaho Magistrate Judge Jason Walker dismissed the remaining felony charge on the basis that there was not sufficient evidence for probable cause on the sexual aspect of the contact.

“I think it takes more than just a heavy suspicion,” said Walker. “There is not enough here for probable cause and it would be difficult to reach a ‘beyond a reasonable doubt’ stage.”

Walker pointed to the requirements of Idaho law, which include that the state prove physical contact be intended to gratify the lust, passions or sexual desire of the accused, the recipient and/or a third party.

Heib’s attorney, Alex Freeburg, argued that the evidence of the way in which Heib touched the students was too brief and in too public a place to be considered necessarily sexual in nature.

“Intent to gratify his sexual desire is the fulcrum here,” Freeburg said. “It is hard to get to intent without something more than what we have here.”

Freeburg also spoke about how Heib had been known as a high energy teacher who joked with lots of kids and knew them from his prior time as a fifth grade substitute.

“It comes down to a totality of the circumstances,” said Teton County Deputy Prosecutor Lindsey Blake, pointing out that according to testimony from the students, Heib called several of them names including “lover.”

“Not many other definitions can be attributed to that word,” said Blake.

Heib still faces the misdemeanor battery charges for allegedly touching the students inappropriately. Battery charges carry a maximum penalty of $1000, six months jail time, or both.

He is currently under no contact orders, preventing him from having any contact with the students and their families.

A jury trial for the remaining misdemeanor charges is scheduled for June 26.

This article was originally published in the Teton Valley News. It is used here with permission.

SUBMIT A CORRECTION