Teacher Is Given Two Years on Sex Conviction : Justice: Former Fallbrook band instructor, 33, admitted having sex with a female student.

A former Fallbrook High School band teacher who admitted having sex with one of his female students was sentenced Monday to two years in state prison.

Kevin Gerald McLean, 33, was described as a “sexual predator” by the prosecution before Vista Superior Court Judge Thomas J. Whelan handed down the sentence, which amounts to one year less than the maximum.

McLean, a Philadelphia native, originally faced 12 felony charges, but a plea bargain with the district attorney’s office reduced it to the sole count of unlawful sexual conduct. He pleaded guilty in May.

McLean still faces eight counts of unlawful intercourse with minors in Kern County, allegedly occurring during his tenure as band teacher at Wasco High School from 1988 to 1989.

Robert Boyce, McLean’s attorney, argued that, since McLean has already accrued 219 days in custody credits, McLean would be eligible for parole in a matter of months and that ordering McLean to receive treatment while on probation would be more beneficial.

McLean tearfully apologized for his actions in asking the court for leniency.

“I know there is nothing I can say to make anyone happy in this situation,” he said.

In his probation report, McLean acknowledged that he had had sex with two female students, then 16 and 17, between May and September, 1991.

“I had no wish to harm either girl then, nor do I wish to further harm them or anyone else,” he said in the report. “I am deeply sorry for all that I have done. I realize these relationships were wrong and am now understanding what caused my conduct.”

The report also gave the 17-year-old’s account of how McLean gave her $40 to buy a red lingerie teddy and some “tasty lotion” during the beginning of their relationship in May, 1991.

The girl, a junior, said in the report that she and McLean had sexual intercourse four times, each time on school grounds, and that he kept the teddy in his office cabinet.

The girl “appeared to be extremely vulnerable. The defendant’s selection of this type of victim appears to indicate very predatory behavior,” the report concluded. “The defendant’s behavior and actions seemed calculated and premeditated to gratify his own needs.

“It seems that the defendant has established a pattern of sexual activity with minor females. If not imprisoned, it appears highly probable that he will continue these behaviors,” the report said in recommending the two-year punishment.

Before sentencing, Whelan said the case was “a close call,” given that McLean had no criminal record and that he had expressed remorse. McLean was also ordered to pay $200 in restitution.

In denying probation, Whelan said McLean had “violated his trust as a teacher” and that he “would be a danger to others if not imprisoned.”

Since his arrest in January, McLean has lost his teaching position at Fallbrook High School, and his state teaching credential has been revoked. He taught at the high school in 1990 and 1991.