Douglas High School science teacher Richard Booth, accused of sexual misconduct with a 16-year-old girl, has returned to his U.S. Army unit in Fort Carson, Colo., where he is a helicopter pilot.
A hearing for the 56-year-old Minden man set for today in East Fork Justice Court has been delayed until Dec. 8.
Army officials asked Justice Jim EnEarl on Oct. 20 to permit Booth to leave the state so he could return to duty.
EnEarl modified the terms of Booth's release so he could return to his unit, but he may not leave the country.
Booth has been suspended from the Douglas County School District without pay. He had been on leave from the district since Feb. 9 when he reported to active duty.
Nevada National Guard spokeswoman Lt. April Conway said Tuesday that Booth is a chief warrant officer 5 with Detachment 1, 126th Aviation (Air Ambulance).
"There is no automatic stay for someone who is called to active duty for criminal proceedings," Conway said. "The soldier will have to weigh the two. He has an obligation in both corners and has to figure out a way to be away from the military with any proceedings that happen in court without being AWOL (absent without leave)."
Conway said Booth's unit was called up Jan. 13 and is slated to come home in July.
Booth was arrested Oct. 12 while home on leave and released on his own recognizance.
He is accused of having "conduct of a sexual nature" with a student at his Minden residence in January.
Sexual conduct between a school employee and a pupil is a felony which carries a sentence of one to five years in the state prison and up to a $10,000 fine upon conviction.
Sheila Gardner can be reached at sgardner@recordcourier.com or 782-5121, ext. 214.
