By Christine McCarthy
WACO- Judge Ralph Strother in Waco's 19th District Court on Friday decided not to revoke the bond for Patricia Rush, the former Hallsburg ISD physical education teacher who is out of jail on bond after being accused of having a sexual relationship with a 13-year-old male student.
In December of 2011, a jury found 39-year-old Rush not guilty of 10 of the 18 charges against her, but jurors were undecided on the other eight, resulting in a mistrial. Prosecutors now hope to retry Rush, but the defense is asking the 10th Court of Appeals to dismiss a few pending charges.
The bond revocation hearing on Friday resulted from allegations reported to the Attorney General's Office. Two sisters, 15-years-old and 19-years-old, testified that they saw Rush "dirty dancing with young children" and "grinding on young boys" last month while they were at the Axtell Elk Hall, a bar and dance hall where local families often go together each weekend.
One of the teenaged witnesses claimed that Rush "would rub her butt on them between their legs" and the other said, "her butt touched their crotch area," while "grinding" to rap music with 12- and 13-year-old girls and boys.
Defense attorney Alan Bennett argued the prosecution's witnesses were not credible because they are the sisters of the alleged victim in Rush's trial.
Witnesses for the defense also testified that they were at the Elk Hall that same night and saw nothing inappropriate.
Taking the stand herself, Rush denied dancing sexually with any children and said she attended an adult friend's birthday party there to dance with other adults and her own two children.
Rush, however, admitted to violating the terms of her bond by being within 1,000 feet of children.
Ron Johnson, the McLennan County Community Supervisor for Rush's bond terms, testified that Rush typically asks him for permission to attend certain events where there could be children but she did not call him before attending the Elk Hall. Johnson said Rush's demeanor at her weekly meetings with him is inconsistent with the allegations of sexual dancing with children.
After Judge Strother decided not to revoke Rush's bond, he told her he considered placing her under house arrest with a monitoring device. He also warned her, if she violates her bond terms again, she will be put in jail without bond.
