WOODSTOCK — A former Crystal Lake Central choir director accused of inappropriately touching former students and giving them alcohol claims what he said during a school district investigation can't be used against him in court.
Justin Hubly, 35, is arguing that all evidence gathered during an interview on Oct. 19, 2016, between Hubly and Randy Davis, assistant superintendent of Human Resources for District 155, should be suppressed because Hubly signed a document that granted him immunity from criminal prosecution. The motion was filed by his defense lawyer, Hank Sugden, in McHenry County Court.
When Hubly spoke with Davis, he confirmed the names of the two women whom he was accused of touching, according to the motion.
As part of the agreement, Hubly had to answer all questions asked of him during the investigation and if he didn't he would have been disciplined and possibly dismissed.
On Oct. 15, 2016, a former student told a teacher about allegations of "inappropriate behavior" between Hubly and former students. Eleven days later, District 155 officials reported the matter to the Crystal Lake Police Department, according to court records.
Prosecutors claim that between June 1, 2016, and July 31, 2016, Hubly inappropriately touched a former student and gave her alcohol when she was underage. Police also said on Oct. 7, 2016, he inappropriately touched another former student and gave her alcohol.
Prosecutors also have charged Hubly with giving alcohol to three other former students on Dec. 30, 2015. The students were younger than 21 at the time, according to court records.
Police arrested Hubly on Nov. 30, more than a month after the allegations surfaced. He's facing charges of battery and unlawful delivery of alcohol to a minor, Class A misdemeanors. If convicted, he could spend up to a year in jail.
District 155 officials suspended Hubly in October. He resigned Nov. 8. He is no longer working in the education field, Sugden said Tuesday.
Sugden said in his motion that if the court denied his motion to suppress the evidence then he would request a hearing to determine where police officers got the information to charge Hubly.
In response, Assistant State's Attorney Taylor Nesbit argued that the only things that were inadmissible were statements Hubly made to Davis during the Oct. 19, 2016, interview.
"The only statements that should be inadmissible are that [Hubly] admitted to kissing [a former student]," Nesbit wrote.
Nesbit said even if that information was not able to be used they had other evidence from the former student and other independent sources who reported what they believed happened and identified other students who went to Hubly's Crystal Lake home, all of which would be admissible. She also said any follow up investigation by Davis or the Crystal Lake Police Department should be admissible.
Hubly had been the school’s choir director since 2004. He also served as student activities director, and has served five terms as president of the District 155 Education Association, a union which represents employees, including teachers, at all four of the district’s high schools. He earned $85,290 a year, not including benefits, according to school records.
Hubly is out on $10,000 bond. As of March 31, he listed an Oak Brook address on court records.
He will next appear in court April 21 to argue the motion.