“You knew this was as wrong as wrong could be.” – Judge David Fuhry
Former Chardon Schools’ tutor and assistant coach Tyler P. Merkle admitted in August to having an inappropriate sexual relationship with a 15-year-old Chardon High School student.
On Tuesday, Geauga County Common Pleas Court Judge David Fuhry sentenced the now 27-year-old to five years in prison and fined him $4,000 for his conduct.
In so doing, the court adopted the recommendation of prosecutors that Merkle be given 60 months in prison on each of four counts of sexual battery, which the sentences to run together. Fuhry also imposed a $1,000 fine on each of the counts.
Merkle had agreed in August to plead guilty to four counts of sexual battery, a high-tier felony of the third degree. As part of the plea deal, prosecutors agreed to dismiss eight other felony counts at sentencing.
Fuhry told Merkle his actions were not just socially unacceptable, they were criminal.
“It was felonious; these aren’t misdemeanors,” he said. “They are sex offenses. Sex offenses are treated seriously.”
Those sex offenses branded Merkle a Tier III sex offender, noted Fuhry, requiring him to register in person with the sheriff in the county in which he resides every 90 days for life.
“I take note of the collateral (reporting) consequences, they are severe,” he said. “I take note, too, that this was a sex offense visited on a minor and you knew her age. This wasn’t a case of mistaken age.”
Fuhry told Merkle he knew his conduct was illegal, because he researched it and knew he could go to prison for it. And, even after he looked up the potential consequences, he added Merkle persisted in his conduct.
“That’s what we call blatant disregard for the law,” said Fuhry, adding Merkle presumable was mature enough to understand right from wrong. “You knew this was as wrong as wrong could be.”
“What you did here was you betrayed and abuse the trust — a sacred, solemn trust — that is owed by every school administrator, coach and teacher to every student in that school,” Fuhry said. “It wasn’t a weekend campout fling; it was a persistent course of conduct. This was not an impulse event. It went on and on.”
The judge also noted, in May, when Merkle violated conditions of his bond by having contact with the victim through a digital music application called Spotify.
“So, truthfully, anything less than prison in this case would be demeaning to the seriousness of the offense,” he said. “The message needs to be sent that there has to be punishment for this.”
While the court recognized the many positive things Merkle has done in his life, “they don’t cancel out what happened here.”
Said Fuhry, “To do this and not recognize that we’re talking about somebody who isn’t even 16 years old. Now that you cannot run from; that is just scurrilous conduct.”
Although he had provided a written statement to the probation department, Merkle told Fuhry he was sorry for his actions.
“I apologize to everyone involved that had no reason to be involved because of my mistake. From the top down, from (the victim) to her family, to my family, my friends, the community, the school district, the football team, the coaches, everyone,” he said. “I caused this and it could have been avoided with better judgment.”
Defense counsel Rick Perez requested Merkle avoid prison time and be sentenced to community control.
While Perez told Fuhry that Merkle was not making any excuses for his conduct, he pointed out the victim was the one who made the initial contact.
“He didn’t teach her, he didn’t coach her, he didn’t have her in study hall,” Perez said, adding Merkle knew the victim’s brother and that is why she texted him.
Merkle texted her back and during the summer of 2015 the texting became more frequent, Perez said.
“In the fall, they started seeing each other,” he explained. “He realizes now he should have put the brakes on everything. He let it go a little too far and all of a sudden he fell in love with her.”
Perez told Fuhry if the victim were present in the courtroom, he would assume she would not be asking the court to impose any type of penalty on his client.
“I know her parents feel differently and that’s their right,” he acknowledged.
Geauga County Prosecutor Jim Flaiz said there are consequences for criminal conduct and having sexual conduct with a minor is a serious offense, especially when the defendant is in a position of trust such as a teacher.
“When you’re in a position of authority like that and you take advantage of the situation and manipulate a young girl into a sexual relationship, that’s really bad conduct,” he said. “That’s exactly what happened here.”
Added Flaiz, “This is a 15-year-old girl who’s manipulated by the defendant and engaged in a long-term sexual relationship with him.”
The prosecutor told Fuhry the damage to the victim is probably irreparable.
“What I’d like the court to think about is let’s give this young girl a chance. She’s got a couple more years of high school still,” he said. “Let’s let her graduate from high school and get some college under her belt before she has to face the prospect of the defendant being released, who I think she’s still in love with at this point, because of this long-term manipulation by somebody in a position of authority.”
Merkle was arrested April 12 following an investigation by Geauga County Sheriff’s Office detectives.
Authorities had been alerted earlier to possible misconduct after the student’s mother found inappropriate letters Merkle had sent the female.
Merkle initially was placed on administrative leave from school, where he served as a part-time tutor, study hall monitor and assistant football coach.
The inappropriate conduct occurred between Dec. 1, 2015, and April 12, 2016.
