Two families have filed civil suits for physical and emotional injury, as well as other issues, against Christopher Culver, the 33-year-old Clifton Park elementary school teacher accused of multiple sexual crimes against eight boys under age 11.
Last month, Culver pleaded not guilty to a total of 49 counts, including 29 counts of sexual abuse in the first-degree, 12 counts of sexual conduct against a child second-degree, and eight counts of endangering the welfare of a child.
Culver is now suspended with pay from his job as a kindergarten and first-grade teacher at Okte Elementary School in the Shenendehowa School District. Initial charges of six counts of sexual contact with children came in February. Since that time, additional charges have been filed, and more allegations are being pursued, according to the Saratoga County District Attorney’s Office.
The eight counts are misdemeanors, carrying little jail time. The class D felonies come with maximum penalties of seven years each. State laws, however, place a cap on the cumulative time Culver could serve, if convicted, at 20 years in total.
In the matter of the civil suit by the two sets of parents, legal papers filed at the Saratoga County Clerk’s Office in Ballston Spa are identical for both families on behalf of their young sons, and refer to actions alleged during the time period of Sept. 6, 2005, through Feb. 9, 2007. The families are seeking compensatory and punitive damages.
The seven-page written complaint states that Culver’s alleged actions intentionally placed the boys in harm’s way, and caused the children severe emotional distress and injury due to events they state occurred at the school when Culver sexually molested, abused, assaulted, battered and sexually inappropriately touched the boys. In doing so, the legal papers state, Culver `engaged in intentional and reckless conduct so shocking and outrageous that it exceeds all reasonable bounds of decency.`
No monetary amount is specified in the legal papers, but the legal papers state they are seeking damages in excess of what lower courts could order.
The civil case will not be part of the upcoming criminal trial.
`Our case is completely separate, and as such, I can’t comment on this,` said Saratoga County Assistant District Attorney Jennifer Jensen, who represented the families at the arraignment last month.
Albany attorney Arthur J. Siegel, who is representing the two families, said he anticipates more of the eight families will come forward to seek damages in Culver’s alleged actions.
`My understanding is that other parents will bring suits with their private attorneys,` said Siegel. `There may come a time when they all become consolidated.`
The civil case is not yet on a court calendar.
`There is no automatic date from when papers are filed, and there will be a period of discovery and deposition,` said Siegel. `My expectation is nothing will happen until the criminal case is concluded.`
Siegel also said the parents will move forward with their personal lawsuits regardless of the outcome of Culver’s criminal trial.
`A civil case is based on standards of a preponderance of evidence,` said Siegel. `The criminal case is based on the standards of reasonable doubt.`
Culver’s residence has changed from Colina Lane, where he lived with his wife, to Chestertown, where he now resides with his father, Robert Culver. Culver was ordered by the courts not to change his address again without the court’s permission.
Culver’s father posted $50,000 bail for his son’s release on Feb. 13. The courts denied a request by the Saratoga County District Attorney’s office that bail be raised to $100,000.
It is expected there will be a lengthy discovery period for prosecutors and defense attorneys to file pre-trial motions, and no dates have been set for Culver’s next appearance in court on the criminal charges.“