UPDATE: Former Harrison Teacher Found Not Guilty; Prosecutor 'Disappointed'

After roughly 20 minutes of deliberations, a Vanderburgh County jury finds a former Harrison High School teacher not guilty of criminal deviate conduct. Jordan McGuire, 27, was acquitted of charges stemming from a January 2012 incident in which it was alleged he performed oral sex on a 18-year-old male who had passed out drunk. However, McGuire's defense attorney, Scott Danks, argued the alleged victim was cognizant and aware of the sexual act taking place.

Update:

After roughly 20 minutes of deliberations, a Vanderburgh County jury finds a former Harrison High School teacher not guilty of criminal deviate conduct. Jordan McGuire, 27, was acquitted of charges stemming from a January 2012 incident in which it was alleged he performed oral sex on a 18-year-old male who had passed out drunk. However, McGuire's defense attorney, Scott Danks, argued the alleged victim was cognizant and aware of the sexual act taking place.

"We're obviously disappointed in the verdict," said Michael Perry, the chief trial deputy for the Vanderburgh County Prosecutor's Office. "This office doesn't take cases to trial that we don't believe that somebody has committed an offense."

On Monday, the alleged victim told the jury consisting of 11 women and two men that he, McGuire and two other men went out to eat following a musical rehearsal at Harrison High School in January 2012. After eating, the four men went to an apartment and began playing drinking games, according to court testimony.

All four men were intoxicated, according to court testimony. The alleged victim, who insisted that he is not homosexual, told the court that he didn't remember playing 'spin the bottle' after the drinking games. Furthermore, the alleged victim said he couldn't remember most of what happened that night because he was so intoxicated. At some point in the evening, the alleged victim became sick and vomited. The two other men assisted in cleaning the alleged victim while McGuire stayed in the living room.

After a shower, the alleged victim returned to the living room while the other two men went into the kitchen to get something to eat, according to court testimony. The state's witnesses told the jury that they witnessed McGuire performing oral sex on the victim and told McGuire to stop. The state's witnesses described the alleged victim as having his head tilted back, eyes closed and not moving. However, while testifying in his own defense, McGuire told the court that the alleged victim helped him remove his shorts. While he was performing oral sex on the alleged victim, at no time did the alleged victim indicate that the sexual act was not wanted, McGuire said.

Despite the incident not being immediately reported to authorities, Perry believed the State had a strong case predicated on witness testimony from the alleged victim, an Evansville Police officer and a witness.

"There is a tendency in sex crimes to not report them immediately," Perry said. "In this case in particular, two or three months had passed between the act and the reporting. At that time, there's nothing we can do. We can't do toxicology reports. We can't have DNA analysis done."
The lack of forensic evidence comes at a time in which many juries have come to expect such scientific evidence, Perry said.

"I've been doing this for a long time. The rules kind of changed after the OJ Simpson trial," Perry said. "With the advent of all the crime shows [like CSI], the rules have changed. The juries want more and it's more difficult to get convictions now."

The alleged victim repeatedly testified that he could not remember much of the night of the incident. McGuire's defense team pounced on that testimony.

"If you couldn't remember, how did you know you didn't consent?' Danks asked the alleged victim. The defense team also tried to discredit the victim's story by arguing that the alleged victim, McGuire and two other men had apparently played 'spin the bottle' before the sexual act occured.

"There was some disagreement as to whether [the alleged victim] was aware that happened or not," Perry said. "That was a critical piece of evidence as to why the jury went the way it did."

It took just 20 minutes for the jury to reach its verdict in case that went two years to get to trial. Prosecutors said it was a difficult ending. For the alleged victim, however, it's only the beginning, Perry said.

"He doesn't remember what happened to him," Perry said. "But he has been told what has happened to him. The stigma for a heterosexual individual to have some sort of sexual act performed on him is something that he's going to have to live with for the rest of his life."

McGuire has faced similar allegations in the past, according to court records. In 2007, McGuire was charged with Criminal Sexual Assault and Battery by the Saline County, IL State's Attorney. McGuire was accused of using force to place his penis into the anus of another man.

However, according to documents obtained by Eyewitness News, McGuire pleaded guilty to the battery charge in exchange to having the sexual assault charge dropped. McGuire's prior charges were never brought up in his most recent trial because it was deemed to be too prejudicial, officials said.

The family of the victim in the Saline County case was in the courtroom this week to show their support.

Original Story--8/25/2014 6:31 PM

Jordan McGuire's 2012 mugshot (Source: Vanderburgh County Jail (2012))
Jordan McGuire's 2012 mugshot (Source: Vanderburgh County Jail (2012))

After two years, the sexual assault trial of a former Harrison High School music teacher Jordan McGuire finally gets underway. McGuire faces charges of sexual deviate conduct and furnishing alcohol to a minor stemming from an incident in January 2012 in which he allegedly performed oral sex on a minor that had passed out.

After an afternoon of testimony, both sides have rested their case. Closing arguments are set to begin at 8:30 Tuesday morning.

The alleged victim told the jury consisting of 11 women and two men that he, McGuire and two other men went out to eat following a musical rehearsal at Harrison High School in January 2012. After eating, the four men went to an apartment and began playing drinking games, according to court testimony.

 All four men were intoxicated, according to court testimony. The alleged victim, who insisted that he is not homosexual, told the court that he didn't remember playing 'spin the bottle' after the drinking games. Furthermore, the alleged victim said he couldn't remember most of what happened that night because he was so intoxicated. At some point in the evening, the alleged victim became sick and vomited. The two other men assisted in cleaning the alleged victim while McGuire stayed in the living room.

After a shower, the alleged victim returned to the living room while the other two men went into the kitchen to get something to eat, according to court testimony. The state's witnesses told the jury that they witnessed McGuire performing oral sex on the victim and told McGuire to stop. The state's witnesses described the alleged victim as having his head tilted back, eyes closed and not moving. However, while testifying in his own defense, McGuire told the court that the alleged victim helped him remove his shorts. While he was performing oral sex on the alleged victim, at no time did the alleged victim indicate that the sexual act was not wanted, McGuire said.

Scott Danks, McGuire's attorney, told the jury that the defense isn't contesting whether a sexual act took place. However, Danks argued that the alleged victim had consented to having the sexual act performed on him.

The court proceedings featured some verbal sparring between Danks and deputy prosecutor Michael Perry. The two attorneys frequently objected.

Closing arguments begin Tuesday morning

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