A Malvern High School teacher was arrested Tuesday morning for sexual assault for allegedly having a sexual relationship with a student.
Heather Carter, 30, of Alexander is accused of having the sexual relationship with a 17-year-old female student. Police say they contacted Carter's attorney and she turned herself in Tuesday morning.
Malvern police say Carter was a teacher during the 2005-2006 school year at Malvern High School. According to the affidavit, Malvern Public Schools Superintendent Ron Holt “came to the MPD (Malvern Police Department) to advise of a relationship that was discovered between a Malvern High School teacher and a 17-year-old student who had just graduated this year.”
The affidavit says their alleged relationship began in January of 2006 and continued until May 2006. It says their physical relationship began in mid-March.
The receptionist for Malvern Public Schools, Barbara Taylor, says Carter resigned and the school board accepted her resignation.
Carter was released on a $3,000 bond. Her plea and arraignment is set for June 21 in Hot Spring County Circuit Court.
An edited version by police [to protect the identity of the juvenile] of the affidavit submitted by Sgt. Doroteo DelaCruz, the investigating officer, is below:
FACTS AND EVIDENCE ALLEGING PROBABLE CAUSE
Comes now Sgt. Doroteo DelaCruz of the Malvern Police Department, and on oath swears and affirms that to the best of his knowledge and belief, the following facts and evidence exist to believe that: Heather E. Carter has violated the criminal law of the State of Arkansas.
(Reference Malvern Police Department Incident Number:
Suspect(s): Heather E. Carter
White Female, DOB: 01-23-1976
Officers: Sergeant Doroteo DelaCruz, Malvern Police Department; Sergeant Bernie Mosley, Malvern Police Department; Officer Sonny Hall, Malvern Police Department and Officer Brian Heinley, Malvern Police Department
Victim(s): Juvenile Victim, 17 years of age, white female, DOB: 07-1988, LKA: Malvern, AR. 72104
Witness (es): Ron Holt, Superintendent, Malvern Public Schools, 1517 South Main, Malvern, AR. 72104
Steve Williams, Principal, Malvern High School, 525 East Highland, Malvern, AR, 72104
The facts and evidence are:
On 05-23-2006 at around 1100 hours, Ron Holt, Superintendent of Malvern School District, came to the MPD to advise of a relationship that was discovered between a Malvern High School Teacher and a 17 year old student who had just graduated this year.
Written statements were taken from School Superintendent Ron Holt and Malvern High School Principal Steve Williams of how this information was discovered and what was said by Heather Carter, and the JV, when confronted by the school administration.
During the investigation it was discovered that there had been a personal relationship between the teacher, Heather Carter, and a Juvenile Female Student.
The relationship began in January 2006 while JV was a student at Malvern High School, and became sexually physical in Mid-March. The relationship continued till May 2006. Sexual contact had been conducted at the residence of the teacher and her personal motor vehicle.
A suspicious letter that had been located while cleaning Heather Carter's vehicle was brought to the attention of Mr. Steve Williams on 05-19-2006. Mr. Williams passed this information along with the letter to Mr. Holt on 05-22-2006.
The witnesses thought the letter had been written by the JV due to a past written note. Since there was no copy of that note available, handwriting samples from the JV and four other senior females were taken to Mr. Holt by Mr. Williams for review. The sample of writing from the JV appeared to match that of the found letter.
On 05-22-2006 at around 1645 hours, Mr. Holt met with the JV and her mother at his office. Mr. Holt questioned the JV in reference to being involved with H. Carter. The JV admitted to having a relationship with H. Carter and the fact it has been intimate for about four months.
At 1645 hours Mr. Holt met with Mr. Williams who was already in H. Carter's classroom. Mr. Holt asked H. Carter if she was having inappropriate relations with the student and she denied. She advised that she had befriended the student and tried helping her through some personal situations.
Mr. Holt advised H. Carter that the student had admitted to being involved with her mentally, emotionally and sexually. The student had provided him information concerning sexual encounters between her and the student at her residence and in their vehicles. At that time Heather Carter admitted to Mr. Holt and Mr. Williams that there had been inappropriate relations with this student.
On 05-23-2006 at 1338 hours the JV met with Sgt. Doroteo DelaCruz at the MPD with her mother present and a taped interview was conducted. JV advised that she did have a sexual relationship with her teacher, Heather Carter. The relationship started in January 2006 as friends. It became intimate in Mid March of 2006. They had sexual relations at Heather Carter's residence and in her Motor vehicle. When shown a letter written on 04-28-2006, the JV confirmed that she wrote the letter in her own hand writing to Heather Carter.
She advised that Carter has not hurt her in anyway and has never made any threats of violence toward her in any way.
I believe that sufficient Probable Cause exists to charge Heather E. Carter with the following:
Sexual Assault Second Degree, One Count
In violation of A.C.A. 5-14-125, a class “B” felony
SGT. DOROTEO DELACRUZ
William T. Ross
Lieutenant, Malvern Police Department”
Source: Malvern Police Department