Former Wharton High School band director accused of sex with student

WHARTON, Texas – A former band director at Wharton High School was charged with having an inappropriate relationship with a student.

Wharton ISD confirmed Jason Toney, 29, worked at the school for five years. Prosecutors said it's where he met his victim and they had a sexual relationship for more than a year.

"Everybody wants to live in a safe environment for their kids, but it's shocking to me," said neighbor Alia Shabbar.

Shabbar was concerned after hearing her neighbor Toney is charged with five counts of an improper relationship with a student and 11 counts of sexual assault of a child.

"I'm worried for my son because sometimes you open the door and he'll just go outside. I'm watching him, but still, it's kind of scary," she said.

Authorities arrested the former band director last week.

"I believe the school already had information about the allegations before this tip even came in," said Wharton County District Attorney Ross Kurtz.

Kurtz said a Crime Stoppers tip in April led to the investigation. The tipster claimed they saw Toney and the 16-year-old girl holding hands and sharing a blanket during a movie in the band hall. Investigators also learned students saw the two kissing in a hallway.

"We've spoken to the child in this case, we've spoken to other people, we examined his electronic equipment," Kurtz said. The defendant was also spoken to."

Based on the indictment, Toney and the girl had sexual encounters five times from March 2014 to April 2015.

"We're alleging the 11 counts of sex assault deal with 11 different sex acts that occurred between the two," he said.

Wharton ISD placed Toney on administrative leave in April and he resigned later that month.

The district released a statement that said, "We are committed to ensuring that all students are in a safe, secure environment at all of our campuses. The District has policies in place to prohibit such conduct."

Toney was in the Wharton County jail. His bond was set at $480,000.

The prosecutor said if Toney were to get the maximum sentence, he could face up to 220 years in prison.?


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