Former Hilda J. Barbour teacher motions hearing continued to July 27 as defense prepares to review ‘hours’ of potential video evidence

In the first of two cases of general public interest called on the Friday, June 23 morning docket of Warren County Circuit Court, former Hilda J. Barbour preschool teacher Kayla Ann Bennett, who is accused of the physical abuse of two of her students, appeared with defense counsel Thomas Plofchan Jr. for a motion hearing.

After Commonwealth’s Attorney John Bell acknowledged some typos in the Grand Jury indictments clarifying that four of the six charges are misdemeanors and two felonies, discussion turned toward future scheduling. Bell noted that while he was “comfortable” in setting a trial date at this point, there were “hours” of video evidence for the defense to review. That evidence was later explained as primarily interviews with students and staff at the school.

Defense attorney Plofchan made it clear that despite the amount of potential evidence involved, his client did not want to waive her speedy trial rights. Judge Daryl Funk noted that if a trial date was not going to be set at this hearing, a continuance would be necessary to give defense counsel time for review of potential evidence and how that evidence might impact pre-trial discussion between the commonwealth and defense.

The Warren County Courthouse main entrance off S. Royal Ave. Royal Examiner File Photo

An initially suggested date of July 17 was rejected due to conflicting personal scheduling of defense counsel, leading to an agreed-upon date of July 27 on the morning docket. With the case continued to that date just over a month away, the hearing was adjourned, leading to the departure of about half of the spectators in the courtroom.

Bennett remains free on bond. The alleged offenses are cited as occurring between January 4 through May 5 of this year. The grand jury returned the indictments on June 12.

Background

In a June 12 press release, the public schools administration stated:

“Warren County Public Schools (WCPS) was notified today, June 12, 2023, that Kayla Bennett, a Hilda J. Barbour Elementary preschool teacher at the time of the complaint, was charged with two felony counts of Cruelty/Injure Child and four misdemeanor charges of Assault and Battery.

“WCPS became aware of a complaint concerning Kayla Bennett on May 4, 2023. Child Protective Services and the Warren County Sheriff’s Office were immediately contacted, and an investigation was initiated.

“This has been devastating to the children and families directly impacted, but also to the broader school community. The classroom is a place where students should feel safe in an environment that is conducive to learning. Parents entrust their children to our care during the school day, and they should feel that their children are in a safe place.

“WCPS will continue to work with the families affected by these traumatic events and make meaningful changes to ensure that something like this never happens in our community again.

“WCPS appreciates the investigative work conducted by the officers involved in the investigation and for helping to make our schools a safe place for students.”

In what is believed to be a related matter, Warren County Public Schools Administration released a statement on June 22 regarding teacher certification processes citing “the horrific and traumatizing events that have occurred.” That statement notes that when the school system contacted the Virginia Department of Education (VDOE) about the decertification of an unnamed teacher, “It was discovered that the required documents for licensure of an eligible extension of an expired provisional license were not completed.”

The statement continues to note corrective processes being instituted to prevent a recurrence and concludes by stating: “If your child/children or your family are in need of support, please note that we are here to help. Please do not hesitate to reach out and contact me at any time,” signed by Schools Superintendent Dr. Chris Ballenger.

Warren County School teacher charged with child cruelty and assault and battery

UPDATE: Parents slam School Board for division’s failure to notify them about alleged child abuse