December 5, 2006
The Charlottesville High School teacher who police say molested children was scheduled to turn himself in Tuesday, but that didn't happen.
Jonathan Spivey was scheduled for a bond hearing at 2:00PM, which is when the state planned to serve the indictments against him, but attorneys say he couldn't appear because he had been hospitalized.
Jonathan Spivey's attorney told the court Spivey is a psychiatric resident at Martha Jefferson Hospital. His attorney did not say what led to his commitment, but did say Spivey's diagnosis will be crucial to his defense.
Spivey has been charged with seven counts of either propositioning a child or sexually abusing a child. The indictments, handed down last Thursday alleged more than one victim.
Spivey has resigned from the Charlottesville school district.
The Commonwealth's attorney said he confirmed Spivey's condition. “We have received appropriate and assurances and have been able to double check and verify for ourselves that he is in the hospital; it is a legitimate medical condition,” said Commonwealth’s Attorney Dave Chapman.
Chapman doesn’t normally comment on pending cases, but made an acceptation in this case.
An outpouring of support has surfaced for Spivey, as many church members and family attended Tuesday's hearing, many unaware of his illness.
The Commonwealth said they will serve those papers upon Spivey's release and a new bond hearing date will then be set. “Authorities at the hospital have agreed to notify us and law enforcement of Mr. Spivey's pending release,” said Chapman
Attorneys did not say how long Spivey has been under care or when he may be released from the hospital just that his condition made him unable to attend the hearing on Tuesday.
Authorities say they waited to serve the indictments on Spivey because his attorney could not be present until Tuesday.