Teacher pleads guilty to sex act

A former high school teacher says a 15-year-old student performed oral sex on him, but his attorney says she initiated it. A judge will decided his sentence after an investigation.

By CHASE SQUIRES, Times Staff Writer
© St. Petersburg Times
published December 15, 2001

DADE CITY -- A former Wesley Chapel High School teacher pleaded guilty Friday to unlawful sexual activity with a minor for having a 15-year-old student perform oral sex on him in a teacher's lounge on the last day of school.

State guidelines call for a nine-year prison sentence for James Paul Hymiller, 28, for the illegal sexual contact. But his attorney asked for a lower sentence Friday and said the girl initiated the incident.

Circuit Judge Maynard Swanson agreed to have the state do a presentencing investigation and said if he could not go below guidelines, he would allow Hymiller to retract his plea and go to trial.

Prosecutor Manny Garcia said he would object to anything less than nine years.

Defense attorney Randall Grantham produced a signed affidavit from one of the girl's classmates claiming she sent sexually suggestive e-mail notes to Hymiller and that she said she wanted to kill Hymiller's wife so she could marry him.

"It's almost like a made-for-TV movie," Grantham said.

Hymiller, who is working at a Wal-Mart store now and hoping to get into the store's management program, stood alongside his attorney, speaking only to give one-word replies to Swanson's questions.

Grantham said Hymiller, a former social studies teacher, is deeply sorry for what he did and acknowledged he made a serious mistake, but the girl was very aggressive sexually and wanted to perform the sexual act.

"He should have known better, but students today aren't the same as when you went to school or when I went to school," Grantham told the judge.

One of the girl's classmates, Terrence Blue, 17, signed an affidavit that Grantham submitted to the court.

"On at least one occasion I have been involved in a conversation where I heard (the girl) say that she wanted to marry Mr. Hymiller and I heard her make statements indicating that she wanted to kill his wife so that she could be with him," Blue's statement reads. "I believe Mr. Hymiller was an excellent teacher who listened well to students and had a relationship with students more akin to friends than to being an authoritarian figure."

Swanson said he would not guarantee that he would go below state guidelines, but he would keep open all options, from prison to probation, until he reviews the results of the presentencing investigation.

"I recognize an adult male has an obligation to restrain himself," Swanson said. "I also recognize that in today's society that adolescent females can be very aggressive and very persuasive in their advances."

Neither the girl, who has not been identified by the Times because of the nature of the crime, nor her mother were in court for Friday's hearing.

Garcia said the girl's mother wants Hymiller to serve some prison time. The maximum penalty is 30 years.

Hymiller remained free on $50,000 bail.

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