VALPARAISO | A Boone Grove Middle School custodian is charged with having sex with a 14-year-old student on at least two occasions after sneaking into the girl's bedroom.
Kevin Abernathy II, 21, of 337 Phillip Road in Valparaiso, is charged with a B felony count of sexual misconduct with a minor, which carries a potential penalty of six to 20 years behind bars.
The accusations came to light after Abernathy voiced concern about his actions with two of his fellow custodians, according to police. He reportedly told one coworker he was under the impression the girl was "legal" because she had cigarettes.
When police questioned Abernathy about the incidents, he reportedly told them they were nothing more than rumors and his co-workers misunderstood what he had told them.
He said he met the girl at a bonfire a year earlier and the only contact would have been a hug and a kiss on the cheek, police said. The girl said she told Abernathy she was 15.
The girl told police Abernathy approached her on Facebook and asked if they could hang out. When told her mother would not allow the relationship because of his age, he reportedly pushed the issue and she agreed to sneak him into her bedroom.
Abernathy sneaked into the girl's bedroom three times during the late night between February and March, and they had sex during two of those visits, police said. The girl told police Abernathy instructed her not to post anything about the encounters on Facebook.
The girl said one of Abernathy's friends contacted her in April saying if Abernathy ends up in jail, she would end up in the hospital, police said. The man also reportedly said if police contacted her, she was to not to say anything.