According to Tuesday’s Circuit Court Docket report the terms of the plea agreement are that Curry will accept a three-year sentence, with credit for time served under house arrest, and will have to forfeit his teaching certificate. It is unclear as of press time if he will have to register as a sex offender also as a condition of the agreement.
It is important to note the case is not fully resolved as of yet due to an appeal filed in the Kentucky Court of Appeals regarding a motion in the case from his attorney, David M. Cross, of Albany.
According to Court records the appeal was filed on January 19 and a show cause order on the motion was issued on February 12. The plea agreement is considered conditional until the motion is heard before the Court of Appeals and ruled upon.
If the appeal before the higher Court is not upheld, final sentencing would take place on March 28.
Curry was charged with one count of Unlawful Use of Electronic Means Originating or Received within the Commonwealth to Induce a Minor to Engage in Sexual or other Prohibited Activities after an investigation by Kentucky State Police Detective Billy Correll.
The case alleged Curry used his cell phone to communicate with a minor under the age of 18 on or about October 21, 2014, with the intention of engaging in sexual acts with the victim.
The offense is considered a Class D Felony and could have carried a prison sentence of one to five years, and possibly a fine of up to $10,000.
Curry was not employed by the McCreary County School District at the time of the alleged offense, but had served as a teacher and both Girls Basketball and Softball Coach for three years before resigning in July, 2014 to take a position in Adair County.
After he was indicted by the McCreary County Grand Jury last February, Curry was placed on leave by the Adair County School District.
Circuit Court Judge Dan Ballou presided over the case, and Commonwealths Attorney Allen Trimble served as Prosecutor.