A former Fairfax County elementary school teacher is unlikely to see the inside of a jail cell for allegedly sexually assaulting two of his students.
John Barger, who taught music at Fairview Elementary School in Fairfax Station, received a six-month suspended sentence on May 23, meaning he will only face incarceration if he fails to follow certain guidelines during a one-year probationary period.
In February, Barger was charged with two counts of aggravated sexual battery — a felony — after an investigation found that the 47-year-old had allegedly groped two students under the age of 12.
According to court documents, the two students disclosed to another teacher that Barger had “touched them on the ‘boob'” more than once.
“[A student] disclosed that Mr. Barger touched her chest and proceeded to do a rubbing motion on her breast,” a criminal complaint said. “When asked how many times this has happened, [she] disclosed that it has happened twice while playing her music.”
According to court records, Barger submitted an Alford plea, which allows him to plead guilty while maintaining his innocence. Historically, this is often done to avoid any risk brought on by taking a case to trial.
As part of an agreement with the Commonwealth Attorney’s Office, Barger’s two charges were amended to contributing to the delinquency of a minor — a misdemeanor.
Barger, who was hired by Fairfax County Public Schools in 2017, was placed on administrative leave shortly after the district was informed of the allegations against him. He had been on house arrest since Feb. 10.
Ultimately, Barger will not return to the classroom in the future, as he was also required to forfeit his teaching license. Additionally, he must undergo a psycho-sexual evaluation, court documents said.
The Fairfax County Commonwealth’s Attorney’s Office says it developed the plea agreement “after considering the facts of the case and the potential impact” that testifying in court about their assaults might have on the students.
“The conduct of this defendant is unacceptable in our schools, and this is the kind of case that understandably alarms parents when they hear about it,” a spokesperson for the CA’s office said. “Fairfax families can rest assured that our agreement permanently removes this defendant from ever teaching again, while ensuring that he faces lifelong consequences for his actions.”
Court proceedings for a handful of other defendants who previously worked at Fairfax County Public Schools remain ongoing.
Elizabeth Yoshimi Nagagata, a special education teacher at White Oaks Elementary, is appealing a guilty ruling on two counts of simple assault. The 63-year-old, who was previously acquitted on five similar charges, will appear in court next on June 18.
Arturo Elmore-Adon, a contracted after-school employee at two local elementary schools, pleaded guilty earlier this year to seven total counts of minor-involved sex crimes. He is scheduled to be sentenced on July 25.
Richard Berkowitz, a health and physical education teacher at Falls Church High School, faces charges for solicitation of a minor and production of child sexual abuse material. He will appear in General District Court for a preliminary hearing on July 30.
