A former Oakfield-Alabama bus driver who pled guilty in April to criminal sexual conduct in the second degree for inappropriately touching a 13-year-old student was back in court this morning to receive a new sentence in the case.
Alan D. Tidd, 50, of 3191 Galloway Road, Batavia, initially received a "determinant" prison term of seven years. Under sentencing rules, this means a defendant is not eligible for release for "good behavior" or because the defendant is believed rehabilitated.
But the determinant sentence statute was passed until 2007, and Tidd's crime was reportedly committed in 2004.
Today, Judge Robert Noonan issued the maximum sentence available under 2004 rules, which is seven years, but Tidd could be released after two-and-a-third years.
Meanwhile, Tidd's guilty plea is under appeal. His attorney, Timothy Murphy, said outside of court that Tidd, who entered his plea only days after his arrest, felt rushed and pressured to plead guilty because he wanted to get out of jail in a hurry to care for his wife, who suffers from multiple sclerosis and is confined to a wheelchair.
Tidd, who has three children and a grandchild, has no prior criminal record.
UPDATE: To clarify the time line:
- The single criminal act charged dates to 2004
- The law on determinant sentencing changed in 2007
- Tidd was arrested in November, 2008
- Tidd plead guilty within days of his arrest, according to his attorney
- Sometime between November and April, his attorney filed a motion to withdraw the guilty plea.
- That motion was denied April 9, 2009.
- He was sentenced on that day in April to a determinant sentence of seven years.
- Today, he was resentenced to an indeterminate sentence of 2 and-a-third years to seven years (the maximum sentence available.)
That scum bag should have
That scum bag should have thought about his wife before he touched a 13 year old. Now all of a sudden he can use that to his advantage. 7 years is too little, let alone 2 1/3. How about we start putting these people in jail for 25 years and maybe they'll think twice about it before acting on their disgusting urges!
I agree Ritchie, this guy was
I agree Ritchie, this guy was driving bus up until the end of the 2008 school year. He was driving my kids and we knew nothing about it. That is scary.
Yikes!! He's scary looking.
Yikes!! He's scary looking. Does anyone know if they do background checks for bus drivers?? How about teachers? I heard they don't. I hope their aren't anymore victims.
What a shame.....
Dont worry Richie this guy is
Dont worry Richie this guy is going to have a sweet time in prison and I agree with you 100%
in New York State teachers
in New York State teachers are fingerprinted and have a background check done (at least for public schools). All people who work for a public school, such as aids and summer camp counselors are also finger printed.
I hope they check the drivers
I hope they check the drivers too, or else you get Freddy Kruger for a bus driver. I would think they would test them, and look into their background.
Yes they also do background
Yes they also do background checks for bus drivers in most districts. My Dad worked for ARC and he had to have one there and I think he had to have one where he works now.
even 3 years is a long time
even 3 years is a long time but if he did what he pled guilty to then i think he deserves more how can a wife still want to be with something like that my only thought is denial, women tend to stay with scum though much more than they should and even defend their partners saying he made a mistake thats not like him. but thats exactly how he is, and how they choose to be with.
and to be honest other
and to be honest other prisoners will find out why he is in there and will take justice into there own hands. prisons are not safe they cant be because that would mean that there would be no one to fill them up to an overcrowding level. but what he is going to have happen in there i wouldnt wish on anyone, even a dirty scumbag kid toucher.