officer of the former Portage middle school teacher sentenced to 120 days in
jail earlier this year for sexting students is seeking to have the convicted
sex offender’s formal probation revoked.
Brian L. Tyman, 45,
was sentenced in January by Porter Circuit Court Judge Mary Harper to 120
days, with the balance of his four-year sentence suspended, after Tyman
pleaded guilty to two counts of child solicitation. Under an earlier plea
agreement, struck with the Prosecuting Attorney’s Office, Tyman would have
been sentenced to time already served--six days in the Porter County Jail
following his arrest--and formal probation.
that initial agreement, however, and insisted on additional jail time. Under
a subsequent plea agreement more to her liking, Harper sentenced Tyman to
four years, with all but 120 days suspended.
As part of her
sentence, though, Harper imposed numerous conditions, some of which Tyman’s
probation officer, Douglas Lang, now says Tyman is in violation of, in a
petition for the revocation of formal probation filed on Sept. 24.
accuses Tyman of the following:
* Failing to comply
with the terms of his court-ordered sex offender treatment program.
Facebook, through a Google search, “to look at information on two female and
two male ex-students.”
a “person he is ordered by the court to have no contact with” and trying to
access this person’s Twitter account, which was blocked to public viewing.
* Deleting the
browsing history on his iPad, or otherwise enabling the setting “to not
track browsing history.”
* Accessing--by his
own admission--a pornographic website “numerous times for a six- to
* Accessing the
Internet at all, in the first place, without his probation officer’s prior
approval, and visiting not only a pornographic site but social networking,
news, and sports sites.
* Traveling to a
driving range without permission, in a trip which he neither logged in a
required journal nor reported to Lang.
Lang wants Tyman’s
formal probation revoked and a 180-day sentence in the jail imposed on him,
before Tyman’s returned to formal probation.
Tyman was charged
in February 2013, following an investigation which began after a student at
Fegley Middle School alerted the school resource officer (SRO) to Tyman’s
“misconduct” with two juvenile females.
learned that Tyman had been “maintaining a relationship” with previous
students through phone conversations and text messages and that recently
he’d begun “sending messages that were sexually inappropriate in nature,”
Portage Police said at the time.
confessed to sending a sexually explicit picture of himself and asking the
students to send pictures of themselves, the PPD also said.
The students did
not send Tyman such pictures.
At the time of his
sentencing, Harper noted the following mitigating factor: that “Tyman is
likely to respond well to probation or a short jail term.”