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Custodian accused of having sex with student
Published May 28, 2008
CLUTE — A Brazoswood High School custodian is accused of having sex twice in one week with a 14-year-old girl who is a student at the school.
Herbert Hernandez Tobar, 26, is charged with two counts of sexual assault, a second-degree felony, according to court documents. Clute police arrested him Tuesday.
Tobar and the girl allegedly had sex Friday on campus in the girl’s locker room and a second time at his house in the 100 block of West Pecan Street, court documents state. Both incidents happened last week, the documents state.
Tobar was a substitute custodian and worked only when the school had an opening to fill, Brazosport ISD spokesman Stuart Dornburg said. The district hired him in March.
“He was like a substitute teacher,” Dornburg said.
Once officials heard of the incident Tuesday, they immediately dismissed him, Dornburg said.
“We delivered a letter of termination,” Dornburg said. “He no longer works in BISD.”
The girl met the custodian after school let out May 21 and they began kissing and touching one another, court documents state. At the time, the girl knew him only as “Herbert.” The next day, the two met in the school’s band hall and started kissing again, the documents state.
“This type of conduct is a violation of our board policies and totally unacceptable,” Superintendent Joe Ripple said in a statement.
Tobar told officers the majority of the relationship happened on the school’s campus, but she came to his house at 10:30 a.m. Saturday and they had sex there, court documents state.
Brazoria County District Attorney Jeri Yenne said officers work hard to protect schoolchildren, and she called Tobar’s case “a priority.”
“It will be expedited to a grand jury,” she said.
If found guilty, the crime is punishable by two to 20 years in prison and a $10,000 fine, Yenne said.
Tobar had no prior criminal incidents, and he passed three separate criminal background checks before being hired, Dornburg said.
“Any additional incidents will be reviewed for additional charges,” Yenne said.
Tobar will be transferred from the Clute police jail to the Brazoria County Detention Center today. His bond was set at $150,000, or $75,000 for each charge.
Nathaniel Lukefahr covers Brazosport ISD for The Facts. Contact him at (979) 237-0151.
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