Judge orders ex-York Tech teacher who sexually assaulted 2 students to finish his sentence

A former York County School of Technology teacher who sexually assaulted two students under the pretense of fitting them for clothes in 2016 cannot avoid serving the rest of his time, a judge ruled on Friday.

President Judge Maria Musti Cook ordered Kevin Nagle, 46, of McSherrystown, to immediately begin completing the remainder of his sentence of one year minus one day to two years minus two days in York County Prison. He had been free on supervised bail pending the outcome of his appeal, which the Pennsylvania Supreme Court refused to hear in December.

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The York County District Attorney’s Office, she noted, had asked for a sentence of three to six years in prison. Cook said she gave significant thought to the factors that she’s required to consider at sentencing and did not believe that she had jurisdiction to modify the punishment.

In her role as supervising judge of the criminal section, Cook said, she’s taken a thorough look at people who could be released due to the pandemic. But, she added, “COVID-19 is not a Get Out of Jail Free card.”

“I believe the sentence that I entered was appropriate for the offenses that were committed,” Cook said. “And he should be remanded today.”

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Roger Laguna Jr., Nagle’s attorney, argued that his client had spent more than two years on supervision and paid close to $9,000 in fees for an ankle monitor.

Nagle, he said, is a dedicated employee who helps take care of his wife. He’s complied with the terms of his release and already served 77 days, Laguna said.

“He’s probably one of the best to be supervised out there,” Laguna said. “I don’t think there’s any real indication the public would be at risk to continue what the court has already done."

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But Senior Deputy Prosecutor Teresa Jauregui contended that people shouldn’t be rewarded for obeying the law, which is expected.

Nagle, she said, had not put forward any evidence that he was at an elevated risk of complications from COVID-19.  She noted that she was not trying to downplay the seriousness of the pandemic.

In 2018, Nagle was found guilty of two counts of institutional sexual assault and related crimes. There was evidence, Jauregui noted, that he victimized other boys.

Laguna objected to that statement. But that’s what the testimony was at trial. 

“It would be a grave miscarriage of justice at this time to have Mr. Nagle just serve 77 days of his max county sentence,” Jauregui said.

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When Cook made her ruling, Nagle’s wife, Belinda, started crying. She left the courtroom.

Meanwhile, Nagle asked, “Can I get report date?” before deputy sheriffs escorted him into a holding cell. 

Contact Dylan Segelbaum at 717-771-2102.