A former choir director who made physical advances on former students will appeal his conviction after a judge refused to go back on the sentence issued last week.
Defense attorney Henry Sugden argued in court Wednesday that ex-teacher Justin Hubly was unfairly sentenced on misdemeanor battery charges accusing him of inappropriately touching former Crystal Lake Central High School students after they graduated.
In addition to ordering a sex offender evaluation, McHenry County Judge Robert Wilbrandt sentenced Hubly to one year of conditional discharge for battery and court supervision for giving alcohol to minors.
Hubly could seek to remove the alcohol conviction from his record, however the battery convictions will remain public, Sugden said. In his request for the judge to reconsider Hubly’s sentence, Sugden asked Wilbrandt to give the former teacher a second chance.
“I would argue that Justin is probably the least likely to reoffend of any client that has ever been in front of you,” Sugden said during a hearing Tuesday.
At the sentencing, Wilbrandt said Hubly “was an excellent teacher” and “is entitled to a second chance.” But Hubly was denied that chance when the judge sentenced him to probation and requested he receive a sex offender evaluation, even though he wasn’t charged with a sex crime, Sugden said.
Wilbrandt maintained Hubly’s conviction shouldn’t be kept from the public or future employers.
“I think that the public has a right to know that [Hubly] is being given a second chance. I hope he gets one,” Wilbrandt said.