Ex-athlete, teacher gets 2-5 years in sex case

By Matt Pordum (contact)

Tuesday, Feb. 15, 2005 | 10:57 a.m.

A judge sentenced a substitute teacher to 2-5 years in prison on Monday for having sex with two middle school students, saying the man broke the obvious commandment before all teachers -- "Thou shall not have sexual relations with a student."

District Judge Sally Loehrer called Cornelius "Corky" Ausborne's crimes a "shame to our country and community" as she gave him prison time for one count of sexual conduct between a school employee and student.

For the more serious charge of lewdness with a minor under 14, however, Loehrer sentenced Ausborne to a suspended sentence of 10 years to life in prison and placed him on five years probation. Ausborne, a former basketball player at UNLV, will serve the probation term consecutively to his prison time.

Under an unusual plea agreement, however, Loehrer could have sentence Ausborne to anywhere from probation to 10 years to life in prison for one count the lewdness charge.

Ausborne pleaded guilty pursuant to negotiations on Sept. 1 that saw prosecutors backdate the dates of his crimes so he would have a chance at probation for a crime that as of October 2003 was not a probational offense.

According to police records and the initial court documents, all of Ausborne's crimes occurred in 2004.

Under the plea agreement the criminal complaint was backdated by a year, saying the crimes committed "on or between March 1, 2003, and April 30, 2004."

Prior to October 2003 under Nevada law a person convicted of lewdness with a minor under 14 could be sentenced to as little as probation and a maximum 10 years to life in prison. In October 2003, however, the state Legislature changed the range of sentencing for the crime to anywhere from two to 20 years in prison to 10 years to life in prison.

Before the Legislature's change judges only had two sentencing options for people convicted of lewdness with a child under 14 years of age: probation or a life sentence with eligibility for parole after 10 years.

Deputy District Attorney Lisa Luzaich Rego had said she "fictitiously expanded" the dates of the crime after it became clear the former substitute teacher would not plead guilty to the lewdness charge unless there was a chance he could be sentenced to probation.

Luzaich Rego said it was important to have him plead guilty to the lewdness charge because regardless if Ausborne received prison time or probation he would receive lifetime supervision as a sex offender. The charge of sexual conduct between a school employee and student carried no such supervision.

In court she argued for prison time.

Terri Miller, president of the Las Vegas-based SESAME, which stands for Stop Educator Sexual Abuse, Misconduct and Exploitation, was vocal in her opposition to Ausborne's crimes being backdated, but was pleased to hear Ausborne received a prison sentence.

"I believe justice was served," Miller said. "But he (Ausborne) didn't receive as much time as he should have. The victims in this case will be coping with this for the rest of their lives, they will think about it every single day."

Miller said she was happy Loehrer sentenced Ausborne to prison time for the sexual conduct between a school employee and a pupil charge because she said most judges normally give probation for it.

Ausborne stood with his arms behind his back and his head down during the beginning of the hearing, but quickly sat and began to cry as Luzaich Rego laid out the specifics of his crimes against two students.

Luzaich Rego said Ausborne violated the ultimate trust as he took advantage of children whose "parents send them to school to learn, to live better lives."

"What this defendant did was teach his pupils about sex, about having sex," Luzaich Rego said.

The prosecutor said Ausborne was never forthcoming about his acts, but instead only admitted to them after police told him they could trace cell phone calls to one victim and further prove their case.

Despite hoping Ausborne received more prison time for his crimes, Luzaich Rego was pleased with Loehrer's sentence. "I was happy she sentenced him (Ausborne) to prison, but I of course would been more happier if he was sentenced to 10 years to life because that what his actions are worth," Luzaich Rego said. "The bottom line is teacher's know better. It's never OK under any circumstance for a person to have sex with a 13-year-old." Ausborne was barely audible in court as in a soft voice he offered his apologies to the victims and their families. He said his actions were "totally inexcusable," but believed because "I don't have a history or reputation for criminal behavior" he should be given a chance at probation. Ausborne's attorney, Steven Stein, who had been friends with Ausborne and his family since Ausborne was a student and played basketball at UNLV, was visibly upset by the verdict, arguing that this was not the typical case, alleging the sex was consensual and one vict! im bragged about it.

But, he said, Loehrer made the right decision.

"I think the judge (Loehrer) did the solemn thing today," Stein said. "When you do this kind of crime you have to pay the price. I had hoped for straight probation, but you can tell the judge thought a great deal about this sentence and she made the right decision."