MORE | Indictment: Ex-Gwinnett teacher who bit teen tried to bribe deputy
The victim was playing volleyball in Lake Lanier on July 4 around 8 p.m. when Herbert swam underwater and bit her on the buttocks, the Hall County Sheriff’s Office said at the time. Multiple beachgoers saw the incident and Herbert was arrested. Gwinnett County Public Schools opened an investigation into Herbert after the incident and he resigned from the district on Aug. 1.
The district attorney’s office conducted “exhaustive plea negotiations” with Herbert and his attorney, Darragh said in an emailed statement. The victim’s family consented to the deal, in part because the victim did not want to testify in court, according to Darragh.
The DA’s office dropped the sexual battery charge because “the sexual intent behind the sexual battery and the evidence is very different than other sexual assault cases,” giving prosecutors worry that a jury may not have convicted on that charge, according to the nolle prosequi, a notice filed by prosecutors detailing why they won’t pursue a charge.
Herbert may not work as a teacher during the time of his probation and must avoid areas “where children congregate,” according to court documents. Because he entered a first offender plea, the charges will be wiped from his record if he successfully completes his sentence.
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More details in the case were released in a court hearing Thursday.