GLASGOW, Ky. – A former Barren County Middle School teacher appeared in Barren District Court via Zoom on Thursday for a preliminary hearing.
William Kyle Gardner, 28, is charged with unlawful transaction with a minor, intimidating a participant in a legal process and using an electronic communication device to procure a minor.
John Gardner, commonwealth’s attorney, is prosecuting the case. He requested the second charge be amended to tampering with a witness, which is a Class D felony.
The amendment was granted by Judge Gabe Pendleton.
The commonwealth’s attorney called Adam Bow, a detective with the Barren County Sheriff’s Office, to testify during the hearing.
Gardner asked Bow to confirm the facts placed in the citation. Bow said the juvenile did reveal that she and Gardner had sexual intercourse on July 29. She also mentioned he had a conversation with her since his previous release regarding the other case.
“Through conversations that they had been having over the past several months, he had told her what he knew about the previous case and asked her not to testify against him in the previous case,” Bow said.
Gardner also asked about the juvenile’s comments regarding explicit photographs sent to her.
“She stated that he had sent nude photographs of himself and videos of him masturbating,” Bow said. “And she had sent photos as well.”
Gardner shook his head in disbelief when the detective said the minor revealed those details in an interview.
Gardner neared a restrictive zone, which was near the juvenile’s grandparent’s home. Bow said while she is living there, the grandparents claim they did not know what she was doing.
Johnny Bell, Gardner’s counsel, asked the detective whether Gardner cross the restricted zone, and the detective confirmed he had not.
“She had left the residence that morning and walked to him,” Bow said.
Bell asked the detective to explain why he should be charged with unlawful transaction with a minor, but Bow said he could not because the charge is still under investigation.
“A person is guilty of unlawful transaction with a minor in the first degree when he or she knowingly induces, assists, or causes a minor” to engage in sexual activity, according to KRS 530.064.
Bell asked the detective to clarify how Gardner induced, assisted or caused the juvenile to engage in sexual activity.
“Well, he went and picked her up and took her to the motel,” Bow said.
Bell continued to argue that the minor voluntarily got into Gardner’s vehicle, but Gardner said because the minor is younger than 16, she cannot legally consent to sex.
“She is under the age of consent, so she cannot legally have sexual intercourse and not legally consent to that,” Gardner said. “Even though she might have technically consented to the activity, she cannot legally consent to sexual activity. Therefore, it makes it an illegal sexual activity.
“And Mr. Gardner did assist in that by picking her up and taking her to Horse Cave to have sex with her and then having sex with her in Horse Cave.”
Bell also objected to the jurisdiction of the venue because the sexual allegations happened in Hart County, but Gardner clarified that his office can prosecute any crime that happens in Kentucky.
Pendleton said the court would find probable cause to send the unlawful transaction with a minor and using an electronic communication device to procure a minor to the grand jury based on the testimony.
Gardner’s bond will remain at $150,000. A court date, in this case, is not set because the grand jury must indict Gardner.