A former Napa High School teacher convicted of sexually abusing a teenager was sentenced on Thursday to two years in state prison.

At the sentencing, Jorge Covarrubias, 32, buried his head in hands, sighed and rubbed his face when Napa Superior Court Visiting Judge Michael Byrne denied probation and handed down the prison sentence.

Covarrubias was sentenced to two years in state prison for each of the nine offenses of which he was convicted. Byrne ruled each of the two-year sentences are to be served concurrently — at the same time — so the true sentence is two years.

Byrne also denied a prosecution request that Covarrubias be forced to register as a sex offender. The judge said two cases — one at the California Supreme Court — have raised the question of whether the crimes Covarrubias was convicted of — sexual abuse of a teen — mandate registration. He indicated he would not require registration unless or until the question is resolved by higher courts.

Covarrubias, a former math teacher at Napa High School, was convicted of sexually abusing the victim, who was also a student at Napa High, but not in Covarrubias’ math class.

The incidents took place between November 2003 and 2004, when the boy, now 18, was 15 years old. Covarrubias and boy met at Napa High School.

The boy and his father had a rocky relationship. The father went to the school and sought advice about his son from Covarrubias, who was also a school counselor. After visiting the victim and his father at their home, Covarrubias offered to let the boy live with him to “straighten him out.” The boy’s father agreed.

Character witnesses

Thursday’s sentencing began with Covarrubias’ supporters testifying about his good character.

Former co-workers, friends and his sister talked about Covarrubias’ contributions to the community and his passion for teaching. They said he was a positive role model for his students and young family members.

A male former student remembered Covarrubias as a “great teacher and great counselor” who always offered good advice.

Covarrubias smiled and nodded his head as his friends recounted their memories of him.

Covarrubias’ Defense attorney Kristine Burk of Southern California touted his achievements since he moved to Napa when he was 14.

“He learned English, graduated from Cal Poly as an engineer. He went on to become a teacher because he loves the job. He will never get his teaching credential back,” Burk said. “He has been responsible. He has been out of custody for 15 months and has showed up for every single court appearance.”

During the trial, the defense maintained the sex acts between Covarrubias and the boy were consensual.

“This is not a case of a sexual predator, a pedophile or violent sexual offenses. That is not this man. This was a private relationship. It did not take place at the school like so many of these cases do,” Burk said. “The victim was not a current student. My client did not have any power over him, like to give him special grades.”

‘Vulnerable’ victim

Deputy District Attorney Paul Gero told the court the victim could not be at the sentencing because he has been deported to Mexico.

Speaking in behalf of the teen, Gero read a written statement from the victim.

“I met (Covarrubias) at school and thought he was a nice guy. I thought he was someone I could trust. Now, I don’t feel normal. I question my sexuality. He betrayed me and I don’t know if I can ever trust anyone again.”

Gero said Covarrubias used his position of trust to lure the boy into the sexual relationship. He said the victim had a troubled life and Covarrubias took advantage of it. “His mother died. His father abandoned him (giving over custody of the boy to Covarrubias). His father had no money to take care of him. He threatened to send him back to Mexico. The boy was vulnerable.”

He also accused Covarrubias of not taking any responsibility for his actions.

“He showed up all of his court dates, that is what he is supposed to do. He didn’t flee to Mexico because that would be an admission of guilt,” Gero said.

Gero argued the sexual relationship between the defendant and the victim was anything but consensual.

“He told the defendant ‘no’ many times. The victim said he was thinking of suicide,” Gero said. “There was nothing enjoyable for the victim about the relationship. This is not a Romeo and Juliet statutory rape case.”

Gero urged Byrne to sentence Covarrubias to seven years, four months in prison.

Violation of trust

Byrne said he had “given a lot of thought to this case. I’ve been up since 4 this morning thinking about what I was going to do about this.”

Byrne said although he believed Covarrubias would do well on probation, he was going to deny probation based on the vulnerability of the victim and Covarrubias’ violation of his position of trust.

About 30 of Covarrubias’ family members and friends attended the sentencing, crying and sobbing upon hearing Byrne’s ruling. Two female family members broke down, wailing and gasping for breath as they were escorted from the courtroom by relatives. At the same time, court bailiffs handcuffed Covarrubias to take him away to the county jail for booking.

In the hallway outside the courtroom, the women collapsed on a bench, crying uncontrollably and trying to catch their breath as others fanned them. Others were also crying loudly as they comforted one another. “It’s just not fair. He’s innocent,” a woman cried out.

His sentencing was continued several times after a jury convicted Covarrubias in August. The last continuation was in February when Judge Byrne granted a continuance after Covarrubias fired his trial attorney and hired Burk. At that time Burk suggested she might file a motion for a new trial.

On Thursday, Burk told Byrne that after reviewing the transcripts and records on her client’s case, she found no merit to file the motion.

John Glaser, Napa Valley Unified School District superintendent, said Thursday afternoon, “The Covarrubias matter had been handled by law enforcement. We have not been actively involved in the case from the beginning. It is always unsettling to both parents and district when something like this happens. We do everything we can to ensure that this doesn’t happen.”

Glaser said Covarrubias is no longer employed with the school district.