Virginia Daily Press
Virginia Local News, Politics, Sports & Business

Decide tosses indictment of Fairfax Co. music trainer charged with sexual battery – WTOP


The dismissal got here Monday, Sept. 12, within the midst of the jury trial of Roger McKay, in keeping with courtroom data obtained by WTOP.

A Fairfax County, Virginia, circuit courtroom decide has dismissed an indictment alleging aggravated sexual battery in opposition to a former music trainer who gave classes to college students out of his home.

The dismissal got here Monday, Sept. 12, within the midst of the jury trial of Roger McKay, in keeping with courtroom data obtained by WTOP.

In December 2021, police arrested McKay, 69, on allegations he had unlawfully touched a boy who was below 13 throughout classes at his house between 2010 and 2013. The previous scholar had not too long ago disclosed the matter to a therapist, and police launched their investigation in March 2021.

On the time of his arrest, a Fairfax County Public Colleges spokeswoman stated McKay retired from the varsity system in 2017.



On June 2022, a Fairfax grand jury indicted McKay on two felony counts of aggravated sexual battery, which every carry a statutory most of 20 years in jail, and a positive of $100,000.

Nonetheless, after opening statements from Assistant Fairfax County Commonwealth’s Legal professional Whitney Gregory, McKay’s lawyer, John Carroll, requested the decide to exclude proof aside from for June 1, 2013 — the date of the offense listed on the indictment.

Prosecutors allege the assaults occurred over a time frame not essentially on one specific date. Gregory made a movement that the decide amend the date of the offense to incorporate the entire yr of 2013, or embody the summer time of 2013.

“Time will not be a component of offense of rape, and the commonwealth will not be required to show the precise date of an offense in opposition to a toddler so long as proof establishes past an affordable doubt {that a} crime occurred and that the defendant dedicated the crime,” wrote Gregory.

In the meantime, the jury heard the protection’s opening assertion, and a portion of the proof offered by prosecutors for Commonwealth’s Legal professional Steve Descano.

Nonetheless, in keeping with a Sept. 12 order, Decide Tania Saylor denied prosecutors’ request to amend the indictment as to the date of the offense, threw out the indictments and despatched the jury house.

Contacted by WTOP, a supply within the prosecutor’s workplace stated the decide was advised in open courtroom that prosecutors intend to re-indict the case, after widening the dates of the offense.

Protection lawyer Carroll didn’t instantly reply to WTOP’s request for remark.

Comments are closed.