The Argus: Ex-coach sentenced in molestation case
Posted by on March 26, 2005 in General | News - (0 Comments)I’ll never forget what you did, and I’ll never forgive you,’ victim tells former gymnastics teacher
By Ben Aguirre Jr., STAFF WRITER
Inside Bay Area
HAYWARD — It was a day of roller-coaster emotions for the victims of a child molestation case.
The parents and children entered the courtroom motivated, hoping to convince a judge that their former gymnastics coach, Robert Shawler, who pleaded no contest in September to two counts of child molestation, deserved the harshest sentence.
During Friday’s hearing, many onlookers wept as the victims and their parents scolded Shawler for his actions.
But when the hearing ended and the punishment had been dealt, there was a sense of uncertainty.
Judge Robert Kurtz sentenced Robert Shawler, 40, former co-owner of Cal West Gymnastics in Fremont, to three years in prison.
Through the plea agreement, in which 17 similar charges were dismissed, Shawler faced a prison term of as much as six years.
“We’re disappointed he only got three years, but he is going to state prison,” one father said.
Kurtz made his decision after listening to the attorneys and several victims speak and after revealing the results of three psychological evaluations of Shawler.
The first two victims, Courtney, 15, and Alexa, 11, looked at Shawler as he sat in his chair showing no emotion.
“Did you really think I wouldn’t tell?” said Courtney, who was 12 when she was molested.
“You know I’m much stronger than that,” she said as tears ran down her cheeks.
Alexa followed Courtney’s comments.
“Deep down, you’re a heartless man who took advantage of me and my friends,” she said. “I’ll never forget what you did, and I’ll never forgive you.” She was 9 when she was molested.
The two have started a nonprofit foundation called “Abused Children Heard Everywhere,” which is geared toward giving victims a voice.
After a number of other victims spoke, Deputy District Attorney Joni Leventis told the judge that even though a plea bargain was accepted, she suspected there were more victims who didn’t come forward.
“What we charged was only the tip of the iceberg,” she said.
Defense Attorney William Gagen said he wouldn’t attack what the victims said and only pleaded with the judge to give Shawler the lightest possible sentence.
“He admitted he was ashamed of what he had done,” Gagen said.
He added that Shawler also was the victim of sexual abuse when he was a child, a factor that could have led to his actions.
“This doesn’t excuse his conduct, but maybe this gives meaning to what he did,” Gagen said. “What he’s done is awful.”
Kurtz then talked about the evaluations, which were performed by a psychologist, a member of a sex offender treatment program and a state correctional official.
Two of the three said Shawler was not a pedophile and recommended he be placed on probation. Only the state correctional official suggested jail time, Kurtz said.
“The problem with that is (the Department of Corrections) almost always recommends that,” the judge said.
After looking at all the facts, Kurtz said he couldn’t sentence Shawler to probation because of the severity of the crimes. He also said six years would be too harsh.
“There are things that happen all over Alameda County that would make your hair curl,” Kurtz said. “This is not the worst case I’ve seen.”
In all, seven girls claimed to have been touched inappropriately by Shawler at the gym between June 2000 and November 2003.
Shawler and his wife were part-owners of the gym but sold it shortly after he was arrested.
The Web site for Abused Children Heard Everywhere is www.achefoundation.org.
Staff writer Ben Aguirre Jr. covers police and the courts for The Argus. He can be reached at (510) 353-7011 or baguirre@angnewspapers.com.
Story Source: The Argus 3/26/05