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Attorneys Explain Sentence of Teacher Who Had Sex with Students

JOHNSON COUNTY, Kan. — Former Shawnee Mission West High School teacher, Michelle Preston walks awkwardly now, a result of a car crash. In March 2011, she drove her car off a bridge after news broke that she was being investigated for sleeping with three of her students.

“As you can see, she’s got a noticeable gait in her walk and that may end up being permanent,” said her defense attorney, Scott Toth.

What may not be permanent is her felony conviction for having sex with former students.

As part of her plea agreement, Preston avoided prison time. Instead, she’ll be on probation for 36 months. If she violates her probation, she will spend 32 months in jail. However, under the agreement, she can have her criminal record wiped clean in three years if there are no violations.

Preston must also register as a sex offender for 25 years.

Naturally, reaction to the sentencing is divided, but many think her sentence was too light.

“You’re going to mess with my children, you’re going to go down. I want you to go down,” said Alicia Kritzell, an Olathe mother and also a school bus driver for high schoolers.

“I don’t think she should get away with that type of crime and have it as if it never happened because it did happen,” she said.

Prosecutors say they decided to recommend probation for Preston because of the age of the victims.

“They were all over the age of consent,” said Keith Henderson, with the district attorney’s office. “They were 17, 17, and 18,” he said.

FOX 4 asked Henderson if Preston would have to notify schools of her record, if she ever tried to seek another teaching position.

“If the cases are expunged, they would no longer be a part of our record, although they would be available should she violate the law again to DA’s offices or the criminal justice system. But to schools? I don’t believe so,” said Henderson.

Preston’s attorney said being registered as a sex offender for 25 years will change her life.

“It’s an awful long time,” Toth said. “So she’s paying a very high price for some very bad judgment and she’s accepting that.”