Plea bargain falls apart for former teacher charged with having sexual relations with student

The case of a Gorman High School teacher charged with having sexual relations with a student is going back to a Henderson Justice Court after a plea bargain fell apart today.

The deal had dictated that Jack David Patton, 28, would receive probation, but District Judge Lee Gates said that after reading details of the case he was not willing to go along.

The state parole and probation department had recommended prison time.

As part of the plea bargain, Patton had the right to withdraw his guilty plea and start the court process anew with a preliminary hearing -- although on all of the original 12 counts.

No date has been set for the hearing.

Defense attorney Bill Terry has contended the prison time was being sought in a politically motivated "set an example scenario" rather than on the facts of the case.

Patton is charged under a law that went into effect in October making it a crime to have sexual relations with a student. The crime carries a penalty of up to five years in prison on each count.

In Patton's case, Deputy District Attorney Doug Herndon said at the time of the plea bargain that he is not opposing probation if Patton submits to a psychiatric report and gets a favorable recommendation. The prosecutor said that was accomplished.

Herndon had indicated he wanted to reach a resolution without forcing the two students to testify in court about the alleged incidents in homes in Henderson and Boulder City.

Patton resigned his job at the Catholic high school several days after a police investigation into the allegations began.

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