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No Jail Time For OC Teachers After Sexually Assaulting Student, 17

daniel and gay shepard
Daniel and Gay Shepard (credit: DMV/CBS)

WESTMINSTER (CBSLA.com) — Two married Huntington Beach teachers who admitted to having an unlawful sexual relationship with a then-17-year-old male high school student will not face any jail time.

KNX 1070's Ron Kilgore reports the victim's mother had strong words for the couple after their sentencing on Thursday.

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"I hope they both rot in hell," said Timmie Miller Ferguson, whose son John Doe was 17 years old and a national honors student when he engaged in a sexual relationship with Daniel Alma Shepard, 63, and his wife, Gay Davidson-Shepard, 60.

Ferguson told the station her son would "never" recover from the years of sexual abuse perpetrated by the couple. "It's a nightmare every single day. Every single day of my life is a nightmare now."

She said her son has developed such a problem with alcohol "he shakes when he's not drinking."

Gay Davidson-Shepard pleaded guilty to a plea bargain back in August to three felony counts each of unlawful sexual intercourse, sodomy with a person under 18 years old, oral copulation of a minor, and one misdemeanor count each of contributing to the delinquency of a minor and violation of a protective order.

She was sentenced to three years of formal probation with four years in jail stayed.

Her husband, Daniel Shepard, also pleaded guilty in August to two felony counts of oral copulation of a minor, one felony count of sodomy with a person under 18 years old, and one misdemeanor count of contributing to the delinquency of a minor.

He was sentenced to three years of formal probation with two years in jail stayed. Both defendants were ordered to complete counseling and 60 days of community service.

Ferguson said the couple deserved a much harsher sentence for his pain and suffering.

"It's a shame that the judge feels my life is only worth three years of probation and community service. It makes me sick to my stomach. It just makes me sick," said Ferguson.

Gay Davidson-Shepard was a teacher at Mesa View Middle School in Huntington Beach and her husband was a teacher at Westminster High School in Westminster in April 2009 when they sexually assaulted Doe at their home.

The defendants got into their Jacuzzi naked and encouraged the victim to do the same. After getting out of the hot tub, Gay Davidson-Shepard orally copulated both the victim and Daniel Shepard.

Following that incident, on a weekly basis the defendants got John Doe intoxicated by providing him with alcohol and then engaged in illegal sex acts with the victim in their home, including mutual masturbation, oral copulation, sexual intercourse, and sodomy, according to the Orange County District Attorney's office.

In March 2011, Doe told Ferguson about the sexual assault. She then contacted the Westminster Police Department, who investigated the case and arrested the defendants on April 20, 2011.

During the trial, Doe reportedly told the court he is "bored with life and just waiting for the next drink," according to Kilgore.

Despite an impassioned and tearful plea from Ferguson, Judge John Adams said he felt compelled to honor the plea agreement.

Reporting for CBS2 and KCAL9, Stacey Butler tried to speak to the couple Thursday night but said, "they turned off their lights as we approached their Huntington Beach home and didn't answer the door."

Neighbors she spoke to told her, off camera, they would be keeping an eye on the couple and report any suspicious activity.

The victim's mother doesn't believe her son was the couple's first prey. "These two monsters have been doing this for 40 years," Ferguson said.

The District Attorney's office has filed a formal protest with the court over its decision.

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