OLATHE, Kan. — A former fourth grade teacher charged with stalking a 10-year-old student is set to move forward with a trial.
James Loganbill, 58, a former teacher at Meadow Lane Elementary school is accused of taking more than 200 photos and videos of a student without consent.
He was charged with reckless stalking. Loganbill’s defense attorney, Carl Cornwell, motioning to get the case dismissed arguing although inappropriate, what his client is accused of is not illegal.
In his motion to dismiss the case, Cornwell arguing under Kansas stalking statutes, the victim would have to be in fear for the act to be considered stalking.
In a written ruling, the judge said the facts are undisputed, pushing the case to a trial with jury.
“Today was just so monumental and the fact it is setting the precedent this behavior is not allowed. This type of behavior is punishable, and a teacher, and adult, pastor, coach, whoever it would be, cannot take pictures and videos of a child for their own gratification,” said mother of the victim, Kristyn Antonucci.
Mother turned activist, Antonucci said this is one small step toward justice.
““I never knew there was a problem and wouldn’t have known unless put in this situation. This is something people really should be talking to their kids about,” Antonucci said. “We are doing everything in our power to bring justice, not only for our daughter, but all kids, we are going to continue to fight for what’s right for kids”
Antonucci formed a non-profit #NOTYOURDAUGHTER to raise awareness of Kansas’ stalking statute.
The family is also working to introduce legislation that would increase and update stalking charges against children to felony level and hopefully increasing jail time.
The current reckless stalking charge is a misdemeanor offense with maximum sentence of up to one year in jail.
Another hearing is scheduled for January 12. A trial date will be set at that time.
The school district has not responded to FOX4 for comment, citing the ongoing investigation and litigation.