The attorney for an east Alabama high school math teacher facing criminal charges in two counties is asking for a reduction in his client’s $1.5 million bond.
David Brenton Burkhalter, a 30-year-old Randolph County High School teacher, is on administrative leave after his arrest last week on eight felony charges involving a 15-year-old female student: two counts of electronic solicitation of a child for sex; and two counts of School Employee Sex Act with Student Less than 19 years of age.
Wedowee police on Wednesday, Feb. 13, announced Burkhalter’s arrest. The investigation began Feb. 6 when Wedowee police investigators responded to Randolph County High School on a report that Burkhalter, who teaches Algebra and Geometry, was involved with the female student. The Wedowee Police Department, along with the Randolph County Sheriff’s Department and Clay County Sheriff’s Department, immediately initiated an investigation. Investigators determined the accusations were credible and that probable cause existed for an arrest, according to a press release from Wedowee police.
According to charging documents, the alleged incidents of sex between the student and teacher took place at least in December 2018 and January 2019. Burkhalter is accused of having sexual intercourse and deviate sexual intercourse with the 15-year-old girl.
The criminal complaint states Burkhalter communicated with the girl via cell phone to arrange their meetings. On at least one occasion, records show, Burkhalter invited the girl into a vehicle for the purpose of sex.
According to the Alexander City Outlook, authorities in Clay County on Friday charged Burkhalter with electronic solicitation of a minor and interfering with child custody. Repeated efforts to reach Clay County sheriff’s officials for confirmation and additional details have not been successful.
Burkhalter’s attorney, Richard C. Perry Jr., on Saturday said Burkhalter’s $1.5 million cash bond is excessive and unconstitutional. “The purpose of a bail is not to punish a defendant nor is it to be so onerous that it is oppressively and burdensome, but rather it is to ensure defendants will appear for trial and at all pretrial hearings for which they must be present,’’ Perry wrote in his motion to reduce bond.
The attorney said when determining a bail amount, court officials should take into consideration the defendant’s age, background, family ties, prior criminal record, violent or lack of violence in the alleged commission of the office. Burkhalter, Perry wrote, has no prior criminal history and is a life-long resident of Alabama. “The defendant’s family are pillars of the Clay County, Alabama area where his parents worked: his father a retired coach at a local school where he is still a contract employee,’’ according to the motion. “At the time the initial bond was set, the defendant’s wife and father were present in the court and have both since stated they will continue to support the defendant.”
A judge has not yet ruled on the attorney’s motion, and a court date has not yet been set.
According to the Alabama State Department of Education, Burkhalter was issued an emergency teaching certificate in 2018. The agency’s website notes that “alleged misconduct has been reported to the department; at this time the department has no proposed any negative action against the individual’s certification or licensure.”