Former husband of accused Pocatello teacher arrested for alleged rape of young boy
Published at | Updated at
POCATELLO — The former husband of a local teacher accused of raping a young boy is now facing identical charges.
David James McGarry is the former husband of Tiffany Petersen (previously known as Tiffany Hallinan and Tiffany McGarry). On Tuesday, Petersen pleaded not guilty to rape and lewd conduct with a minor. The charges appear to stem from instances of alleged abuse at Washington Elementary School more than a decade ago.
On Thursday, McGarry appeared in court for the first time to face the same rape and lewd conduct charges. During the hearing, McGarry was read the charges and Magistrate Judge Paul Laggis released him on his own recognizance.
McGarry told the judge he was undergoing court-ordered therapy for a previous conviction in Jerome. McGarry was convicted of felony injury to a child in 2017. He has been on probation since March 30 for the 2017 conviction, but the details of that case are sealed.
The judge issued a no-contact order between McGarry and the victim.
Details regarding the incidents at Washington Elementary School involving McGarry, Petersen and a first-grade victim are sparse. McGarry and Petersen were both indicted by a grand jury on Jan. 16, and the details of their grand jury hearings are sealed.
However, an August 2018 civil lawsuit against Petersen and Pocatello/Chubbuck School District 25 does shed some light on the situation.
The lawsuit, filed by the parents of the victim, alleges the 7 or 8-year-old male victim was subjected to physical, verbal and sexual abuse by Petersen and her boyfriend in 2008. McGarry is not named in the lawsuit, but authorities tell EastIdahoNews.com he is the boyfriend who is implicated in the suit.
The suit claims the boyfriend was allowed in the classroom.
“Pocatello School District 25 knew or should have known that allowing an unknown person, with an unknown background and proclivities, into an elementary school classroom would pose a threat to its students,” the lawsuit states.
Family sues teacher, claims son was sexually abused. Now she’s been charged with rape
District 25 has not directly commented on Petersen, McGarry or the lawsuit. However, district officials have said an unnamed employee has been put on administrative leave indefinitely.
“At this time, our first priority is to reinforce to our learners and their parents that we take any reports of sexual assault and misconduct very seriously,” Superintendent Dr. Douglas Howell said in a recent news release.
McGarry is scheduled to appear in court again for an arraignment Monday. Preliminary hearings have not been scheduled for either McGarry or Petersen.