BigBlueAlum 12 Report Share Posted July 9, 2008 Jim Talbert Richlands News Press: News > Tue Jul 08, 2008 - 02:45 PM By JIM TALBERT\Staff TAZEWELL – A former Richlands High School band director faces seven counts of taking indecent liberties with a child by a person in a custodial or supervisory relationship. Danny Lee Swartz, 41, of 629 Big Creek Road, Richlands was indicted during the July 8 session of grand jury. Swartz had resigned from the Tazewell County School system at the close of the last term. Commonwealth’s Attorney Dennis Lee said the school system reported the complaint and cooperated fully with the investigation. Lee said the indictment alleges that through the 2007-8 school year he sexually abused more than one student by sexually touching, proposing sexual acts, exposing himself to students and asking a student to expose himself. Lee said the charge against Swartz is a class five felony and each count is punishable by up to 10 years in prison. The investigation is ongoing with the Virginia State Police Bureau of Criminal Apprehension and the Tazewell County Department of Social Services in charge. Anyone with more information is encouraged to contact Special Agent John Santolla of the Virginia State Police at 276-762-2112. Swartz had been director of the Richlands band for several years and the band was recently recognized as a Virginia HonorsBand for the 10th time. Lee said he anticipated Swartz would be arrested July 9. He will be taken before a circuit judge, who will decide whether or not he is held or released on bond and a court date may be scheduled. Quote Link to comment Share on other sites More sharing options...
cityofRaven 2,444 Report Share Posted July 9, 2008 So why havent we heard about this? Everybody was so quick to give Brad Strong a hard time over a tragedy? Quote Link to comment Share on other sites More sharing options...
BigBlueAlum 12 Author Report Share Posted July 9, 2008 [ QUOTE ] So why havent we heard about this? Everybody was so quick to give Brad Strong a hard time over a tragedy? [/ QUOTE ] It was in the Bristol paper today and The Voice. Im sure it will be in the news tonight, if it wasnt already last night. Quote Link to comment Share on other sites More sharing options...
Flea 27 Report Share Posted July 9, 2008 And just think Wilson had his arm around him @ the Salem game!!!HAHAHAHA Quote Link to comment Share on other sites More sharing options...
Rhschamps04 15 Report Share Posted July 10, 2008 Was just getting to post this myself hope they lock him up for along time. Quote Link to comment Share on other sites More sharing options...
hokiecat 10 Report Share Posted July 11, 2008 Have you forgotten "innocent until PROVEN guilty"? Quote Link to comment Share on other sites More sharing options...
Deleted Account 5,203 Report Share Posted July 11, 2008 I have not responded to a post on here in 7 months, for I infrequently check the forums and have not felt the need to post, but law school has given me some legal insight, and I feel obliged to share some of this insight. As the article states below, Mr. Swartz has seven counts of indecent liberties with a child by a person in a custodial relationship. According to WVVA news tonight, there are multiple victims in this instance. Virginia Code delineates the class of felonies of charges in this nature by the ages of the victims. As this is a Class V felony, one can reasonably deduce by Virginia Code that the victims were between the ages of 15-17 (the only group for which this crime is a Class V felony). A Class V felony is punishable by no less than five but no more than ten years in a state penitentiary. Those seven counts would not run concurrently, but run consecutively, as is the case with multiple charges of the same nature. That means, were this case to go to trial without a plea agreement, Mr. Swartz is looking at no less than thirty-five and no more than seventy years in a state penitentiary. Were Mr. Swartz guilty, he would be well-advised to take a plea agreement, in which the Commonwealth would likely only seek one penalty per victim, reducing his potential jail time substantially. Likewise, Mr. Swartz may potentially qualify for "first-offender status", which would again reduce his jail time while adding a substantial period of probation after his incarceration. With a plea agreement, I would estimate that this 35-70 year window would likely be reduced to 2-5 years with at least 2 years probation at the end of the sentence. Were Mr. Swartz innocent, he would have incredibly hefty attorney's fees to pay, which may very well run him into the $75,000 range after depositions/interrogatories are taken, court reporters are paid, lawyers' fees are taken, and court costs are paid. If the grand jury finds him guilty, they will likely be swift to impose a very harsh penalty, due to jurors' sympathies and the nature of this crime. This is a very broad, and almost overbroad, statement, but it's a complex thing. I hope this has been some help. I must state that I was not present at any proceeding at which Mr. Swartz attended, and as such I do not have any precise information to release; I'm relying on the news and local papers as you all are. These are just what, from my best estimations, the legal system may have in store for Mr. Swartz. Quote Link to comment Share on other sites More sharing options...
hokie07 11 Report Share Posted July 11, 2008 [ QUOTE ] I have not responded to a post on here in 7 months, for I infrequently check the forums and have not felt the need to post, but law school has given me some legal insight, and I feel obliged to share some of this insight. As the article states below, Mr. Swartz has seven counts of indecent liberties with a child by a person in a custodial relationship. According to WVVA news tonight, there are multiple victims in this instance. Virginia Code delineates the class of felonies of charges in this nature by the ages of the victims. As this is a Class V felony, one can reasonably deduce by Virginia Code that the victims were between the ages of 15-17 (the only group for which this crime is a Class V felony). A Class V felony is punishable by no less than five but no more than ten years in a state penitentiary. Those seven counts would not run concurrently, but run consecutively, as is the case with multiple charges of the same nature. That means, were this case to go to trial without a plea agreement, Mr. Swartz is looking at no less than thirty-five and no more than seventy years in a state penitentiary. Were Mr. Swartz guilty, he would be well-advised to take a plea agreement, in which the Commonwealth would likely only seek one penalty per victim, reducing his potential jail time substantially. Likewise, Mr. Swartz may potentially qualify for "first-offender status", which would again reduce his jail time while adding a substantial period of probation after his incarceration. With a plea agreement, I would estimate that this 35-70 year window would likely be reduced to 2-5 years with at least 2 years probation at the end of the sentence. Were Mr. Swartz innocent, he would have incredibly hefty attorney's fees to pay, which may very well run him into the $75,000 range after depositions/interrogatories are taken, court reporters are paid, lawyers' fees are taken, and court costs are paid. If the grand jury finds him guilty, they will likely be swift to impose a very harsh penalty, due to jurors' sympathies and the nature of this crime. This is a very broad, and almost overbroad, statement, but it's a complex thing. I hope this has been some help. I must state that I was not present at any proceeding at which Mr. Swartz attended, and as such I do not have any precise information to release; I'm relying on the news and local papers as you all are. These are just what, from my best estimations, the legal system may have in store for Mr. Swartz. [/ QUOTE ] Welcome back, Observer! It's great to see you around again! Quote Link to comment Share on other sites More sharing options...
Ryan4VT 4,554 Report Share Posted July 15, 2008 Ok this is hard for me. I, and many of my friends are good frinds with him. I can honestly say that I have been around the man by myself many many times and he has never acted different at all. I have a wonderful relationship with him and he is one of my best friends. Its so hard to believe that to a point i dont believe it...I'll comment more on this when it dosnt hurt so bad Quote Link to comment Share on other sites More sharing options...
Lance 228 Report Share Posted July 16, 2008 [ QUOTE ] Ok this is hard for me. I, and many of my friends are good frinds with him. I can honestly say that I have been around the man by myself many many times and he has never acted different at all. I have a wonderful relationship with him and he is one of my best friends. Its so hard to believe that to a point i dont believe it...I'll comment more on this when it dosnt hurt so bad [/ QUOTE ] sorry man...I guess you just have to wait and see how things turn out...maybe it will end up being not true...it's happened before. Quote Link to comment Share on other sites More sharing options...
trumpet1988 289 Report Share Posted July 18, 2008 I saw that on WCYB the other day. I saw it and I was like "wtf? Mr. Swartz?" I know him from the all-district band clinics. I hope it isn't true at all. Hope the best for all those associated with the Richlands HS band. Quote Link to comment Share on other sites More sharing options...
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