The student at the center of a sex scandal at Clovis High School said she was in love with teacher Matthew Pena, had his name tattooed on her side, and wanted to have his baby, according to court documents made public Thursday.
The girl, who turned 18 in December, also told police she had a romantic relationship with another Clovis Unified employee, Dwayne Andrews. whom she called “Daddy,” according to a police detective’s affidavits, which are court documents filed in support of requests to search Pena’s home in Clovis and Andrews’ apartment in Fresno last month.
During the searches, police confiscated Pena’s and Andrews’ cell phones and collected other potential evidence in Pena’s home.
The affidavits by Clovis police detective Jeremy Edmonson outline the potential evidence against Pena, 32, and Andrews, 30. Each man is free on $65,000 bail. Andrews has pleaded not guilty to the charges. Pena plans to enter a plea Feb. 26 when both men are due in court next.
Pena, a photography teacher and a baseball assistant coach and golf coach, was arrested just before midnight Jan. 8. An hour later, Andrews, a classified substitute and walk-on football coach, was taken into custody.
A criminal complaint charges Andrews with four felony counts of unlawful sex with a minor between May 15 and Aug. 31 last year. Pena is charged with four felony counts of unlawful sex with a minor and oral copulation from Oct. 15 to Dec. 3.
Clovis Unified officials say the men no longer work for the school district.
The affidavits spell out past allegations against Pena as well as a timeline of romances Pena and Andrews allegedly had with a Clovis High student. One affidavit also recounts how Andrews was allegedly text-messaging the girl while she was being interviewed by police. The girl is not identified in the affidavits.
According to the affidavits:
• Pena was investigated in 2007, when he was an unpaid assistant girls basketball coach at Clovis East High. Police suspected Pena, then 24, was having an affair with a 14-year-old girl on the team. The affidavit says the girl would sneak out of her home at night and meet with Pena, who would give her gifts.
Pena also sent the 14-year-old text messages and referred to her as “love.” The girl’s parents believed she was having sex with Pena, but that was never proven, so the investigation was closed.
Clovis Unified spokeswoman Kelly Avants said the current administration did not know about the police investigation of Pena in 2007. She said police officials told school administrators about the the 2007 investigation after Pena was arrested last month. Because Pena was not arrested in the earlier case, she said, the investigation went undiscovered during a background check.
• Pena’s name came up again Jan. 8 when Clovis Unified administrators contacted Clovis police. Detectives went to Clovis High to interview the student who says she had sex with both Pena and Andrews.
The girl told the detectives that “she was in love with Pena and had sex with him before she turned 18. She also said that she saw a future with Pena and wanted to have a baby with him.”
The student said she was in Pena’s photography class and that she and Pena first had sex during a school lunch break in November. They left the campus and had sex on a couch in Pena’s home.
She moved in with Pena and his pregnant wife and their young daughter. (The Penas were married in June 2012.) The girl told police the couple offered her a spare bedroom and that she would sometimes babysit for them. She told detectives that later in November she had sex with Pena in the spare bedroom, which she said was decorated with San Francisco Giants memorabilia.
The affidavit doesn’t say anything else about Pena’s wife.
• During the Jan. 8 interview, the girl showed detectives text messages on her cell phone that were sexual in nature. She told them the messages were to and from Andrews. One text said, “You make me feel good, Daddy.”
The girl said she was romantically involved with Andrews from November 2013 to November last year, but didn’t start having sex until May inside Andrews’ apartment near Fresno State. During sex, the girl told police, Andrews would take photographs or videos of her naked.
• During the Jan. 8 police interview, Andrews sent a text message to the girl: “Is my place safe?” And another: “Do I need to be worried right now?”
Using the girl’s cell phone, a detective sent a message back to Andrews, telling him to meet the girl at Denny’s restaurant on Shaw Avenue. When Andrews showed up at Denny’s, he was arrested. He wouldn’t give his name. “It’s all bad from here,” Andrews told police.
• The girl also told police she had sex with Pena on the morning of Jan. 8, right before her interview with detectives. During the interview, Pena saw the girl talking to detectives. He hurried to a nearby restroom, but police were able to grab him and confiscate his cell phone before he deleted any potential evidence, the affidavit says.
Clovis Unified spokeswoman Kelly Avants said the current administration did not know about the police investigation of Pena in 2007. She said police officials told school administrators about the 2007 investigation after Pena was arrested last month. Because Pena was not arrested, she said, the 2007 investigation did not show up on a background check.