Former school bus driver gets new sentence in sexual misconduct charge
Submitted by Howard Owens on September 14, 2009 - 10:38am
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.)