Hi, Mr Clayton before I sentence you. Let me just say a couple of words. Some thing is the hardest job that a judge has to do. It is much harder than presiding over a trial ruling on objection. And it's much harder than to decide on a motion argued by the attorneys because we are asked to look at a person in their totality, the good, the bad, the ugly and kind of evaluate it and place the value on. I think in terms of weighing consequences, we take each individual, we weigh the good and the bad and we hope that we are making a wider legal decision with our sentence that does a couple of things. First and foremost, under Florida law sentencing is for punishment to hold one accountable for one's actions. In addition, it's for denunciation of criminal activity so that it's abundantly clear what is right and what is wrong in our community and in our society, given the laws that the legislature has enacted also, it's for restitution to the victim to make them whole as whole as can be made. And in certain circumstances, it's for rehabilitation of the defendant, my sentence I hope accomplishes all of these things. I can assure you, I have read every single letter, every single poem, every single card, every single text, every single evaluation that's been provided to me in these two binders. And I have considered the sentencing memorandum that your attorneys provided along with the arguments made by the attorneys today and the additional evidence that I was presented today of which I was unaware. So let me go through a little bit of what I see as the positive and negative in your particular case. And actually let me back up and say I've been provided cases in and out of this jurisdiction of other instructors, other teachers, other individuals who committed crimes and been sentenced anywhere from four months to five years. And I will tell you that has very little value for me because every case is different and every person is different. I don't know those defendants. I don't know if they have awards and accolades and good and bad. I don't know what it is. I don't know how many charges they have. You have four counts, two of which are second degree felonies. Some of those folks didn't have second degree felonies. So I take with all due respect, counsel, very little weight with other cases because I do sentence each and every defendant individually based on your, your history and background and based on the facts and circumstances of this case. As I told you why would you? And in this case, there are some positives, you have positively impacted many students who I've heard from many parents, uh former colleagues and people both in and out of Douglas Anderson who have come to your defense and in your support, both in their character letters and in past notes and cards ranging over a period of 20 years. And of course, on the other side, there are some who have not so positive things to say about you as I would expect from everybody. No one is perfect. You have awards and accolades and generally also some very good evaluations of your time during uh your career at Douglas Anderson. But I do note and I did see that in 2016, you were reprimanded for inappropriate uh touching if you will stroking a student on her back, complimenting her beauty and touching her in a way that you were reprimanded and told not to do likewise. In 2021 I saw a similar complaint of physical contact. You were given a verbal warning uh back in 21. So you know that you knew better, you should have known better that this type of touching and stroking and certainly kissing was wholly inappropriate, not to mention illegal. Um So you should have known that it was bad enough that er, was a minor as a child um with whom you engaged, but she was also your student. That's a negative. Um what a tremendous breach of trust, not to mention again, a violation of the law school is a place where kids go to learn to grow and to be safe. No parent could ever imagine sending their child to a school to then be confronted with what, er, was confronted with. I have to tell you listening to that recorded phone call which I've not heard before. Um I felt emitter, I felt dirty and I'll say a word that I think some of the other victims said it was creepy. It was creepy are very impactful because you don't expect a 65 year old man who's been previously one who should know better to do that with a 16 year old child. Now, I did hear from some of the other victims that was by the agreement of the parties that I do have to make everyone understand that what I am sentencing Mr Clay on today is for these four crimes only because that is what the law permits me to do. I cannot sentence him for other charges for which he has not been prosecuted and for charges for which he will not be prosecuted because that was part of the plea agreement. The state is not filing those charges. Mr Clayton has not pled guilty to those charges. And so while I have listened carefully to what those three additional witnesses said, I certainly hope that having been heard today that will help in your healing. But please understand, I will be sentencing Mr Clayton on the four counts he has before me today because that's what the law requires. You did, Mr Clay, you lose a lot, as you have stated, you lost your wife, you lost your family, you lost your job, you lost your house, you lost your pension. You did and I don't take that much, but I do agree with the state of this room, but you lost it because of actions you took because again, you should have known better. You were the adult here. You were the adult here. So with that said, having weighed all the positives and the negatives, Mr White, you will be sentenced as follows on each of counts. 123 and four, I will adjudicate you guilty of each of those counts and on each of counts one and two, those are the second degree felonies. These sentences show up concurrently and they will be to 10 years in Florida State prison with credit for the one day you have already served that will be followed by a period of three years of probation. With the following special conditions. You will have no intentional or direct or indirect contact with er, the victim in this case or any other individual named in the plea agreement by their initials, including through a third party, unless approved by the victim, a qualified professional uh or the sentencing court. I'm gonna order that you continue your counseling. Um and you may continue it with the counseling that you are currently in. Once you are released, you will not have any contact with a child under the age of 18. Without prior court approval, you will not work for pay or as a volunteer at any place where Children regularly congregate and that includes, but it's not limited to schools, childcare facilities, parks, playgrounds, pet stores, libraries, zoos, theme parks, malls and any other place where Children regularly congregate. You will make restitution to the victim for any necessary medical related psychological, psychiatric care. You will pay $518 in mandatory felony court costs and you will pay a mandatory $151 surcharge for crimes against a minor on each of counts. Three and four, those are the third degree felonies. I will sentence you to four, excuse me, five years. Florida State prison with credit for one day already served. And this all four counts shall run concur. Do you understand your sentences? Yes, ma'am. Yes. Yes. And you do maintain the right to appeal the sentences I've just imposed if they're illegal. But otherwise that is going to conclude the sentencing hearing today. Do you understand? Yes, sir. All right. Thank you very much. Is that, that'll be all. Oh, wait. Uh Mr Clay. I need you to look on that zoom screen, sir. There is a, they'll turn around, there's a probation officer in that bomb square, but I need you to get back to the microphone. He will have some questions for you before you leave the department. Yes. Yes. Your honor. Does the coordinate a file version seal that, that in the, is it ok? If I do all of that one and officer doctor muted, sir, did you need to speak with the? You can't unmute? Ok. Well, do you have, do you have renew? Can you run you all? Now, here's the doctor you market. Ok. No, it's all not working. I do something to make sure everybody. Ok. Ok. We have to. Now, can you try it on mute now? I'm gonna move it out. Thank you, sir. Uh, do you happen to know uh, where you might be residing once you're released? I do not. Ok. All right. Do you have a, um, next of kin contact number? Yes.
