FARMINGTON — A Roy High School teacher charged with enticing a minor for sex after an undercover sting tried to enter a surprise early guilty plea Wednesday, but a prosecutor objected, saying it may interfere with a potential federal prosecution.
Brady G. Allen, 30, of North Ogden, appeared by Webex video conference for an initial court appearance before 2nd District Judge David Connors.
His attorney, Craig Johnson of Provo, said he had filed earlier in the day a statement in advance of plea, a defendant’s formal notification of admitting charges.
“He intends to plead as charged,” Johnson said.
But David Cole, chief deputy in the Davis County Attorney’s Office, objected to the unusual step of a guilty plea being made at a first court appearance.
“We need to leave it long enough” for consideration of federal charges in the case, Cole said.
County prosecutors often dismiss charges or defer them altogether if federal prosecutors are evaluating whether to file charges.
Crimes charged in federal court most often have stronger penalties.
Allen, a digital media teacher at the Weber County school, was arrested Oct. 21 in a sting by Layton police and the FBI.
The Davis County charges against him are second-degree felony enticing a minor by internet or text and third-degree felony sexual exploitation of a minor.
A police probable cause statement said Allen allegedly conversed with an undercover officer on a messaging app, thinking the officer was a 13-year-old girl.
Allen allegedly asked the undercover officer for nude images of herself and arranged to meet her for sex. He then drove to the meeting location, where he was identified by the officer, the arrest affidavit said.
Connors said the request to plead guilty at Allen’s initial appearance “is not the ordinary course of how we handle these things.”
He said the matter was outside his role Wednesday acting as a magistrate to address first appearances.
He said a full waiver of a preliminary hearing must first be made by the defense before the assigned case jurist, Judge David Williams.
Connors therefore set a Nov. 10 hearing for Allen in Williams’ court.
“We will make sure the U.S. Attorney’s Office makes a decision before then” on whether Allen will be charged federally, Cole said.
The Weber School District said last week Allen had been placed on leave while the district conducts an internal investigation.
Spokesperson Lane Findlay said they were aware of the arrest but understood it did not involve the school or any students.
Allen remains held without bail at the Davis County Jail in Farmington.