CHARLESTON, W.Va. -- A former Kanawha County Junior ROTC instructor accused of having a sexual relationship with a 17-year-old student will serve five years of supervised probation.Martin Dale Kirby, 44, of Longridge Road, previously entered a Kennedy v. Frazier plea to the charge of sexual abuse by a person of trust.In such a plea, a person maintains innocence but considers it in his or her best interest to enter a plea agreement.Kirby was hired as a contract Junior ROTC instructor at George Washington High School in 2010. Prosecutors say in September of that year, he had a sexual relationship with a 17-year-old student.
When Kirby addressed the court, he apologized to the victim, his family, the U.S. Army, ROTC and George Washington staff and students."I would like to state publicly to the victim that I am truly sorry. She was my student ... and I violated that trust," he said.He also said he hoped his conduct would have no longterm effects on the victim.Bailey said Kirby stood before her on "one of the most serious offenses someone can commit." However, she also noted Kirby's pre-sentence report was one of the longest she has ever seen and it outlined his "glowing record.""And yet we have this offense," Bailey said, later adding. "I will tell you Mr. Kriby, I don't have much use for sex offenders. I pretty much lock them up as long as I can"
Bailey said she would hold another hearing to determine whether he can continue living with his children, as the law prohibits someone of his status from contact with minors.Contact writer Andrea Lannom at andrea.lannom%40dailymailwv.com?subject= or 304-348-5148. Follow her at www.twitter.com/AndreaLannom.