CHARLOTTESVILLE, VA (CVILLE RIGHT NOW) – Michael Swiney, the former Hollymead Elementary School staffer facing felony charges of sex crimes against students, will be freed on bond. Albemarle County Circuit Court Judge Cheryl Higgins initially denied Swiney bond on Aug. 13. Then, on Sept. 25, the Virginia Court of Appeals ruled Higgins had to explain her reasoning for denying a $50,000 secured bond to Swiney in August or release him on the bond.

Swiney, who was indicted on 11 felony charges against four victims in June, had another nine charges added on Monday, charges that relate to three additional victims. All seven of the victims were students at Hollymead at the time of Swiney’s offenses, according to court records.

The decision came at the tail-end of a nearly two-hour hearing, in which Swiney’s attorney, Christopher Leibig, sparred with Chief Deputy Commonwealth’s Attorney W. Lawton Tufts in what was, for the most part, a rehashing of the two attorneys’ arguments from the August bond hearing.

In court Thursday, Leibig maintained his stance that the prosecution had not articulated a reason for why Swiney should be denied bail. He argued that Virginia code required Swiney to be admitted bail unless the prosecution could provide a reason based on his history that there was reason to believe he would not appear for future trial dates or that he was a danger to himself or others.

“The law is the law,” Leibig asserted to the judge.

Leibig also criticized the Commonwealth’s Attorney’s office for engaging in a public back-and-forth with the Albemarle County School Board, and asserted the prosecution was looking to once again have Swiney’s bond denied due to the public reception around the case.

Tufts vehemently denied that the office’s intentions in opposing the bond were political, and made clear the office’s argument was out of concern for public safety. Tufts painted Swiney as a “serial child predator,” and asserted that if he was released on house arrest, he could be a danger to his own two children.

“This is not politics,” he said. “This is seven children in our community that have been abused.”

As part of the bond request, Leibig said Swiney would not be permitted to have access to his children without his wife, Gail, present, and that no other juveniles would be allowed in the house. He maintained these protections would be enough, which Higgins ultimately agreed with.

“Kids aren’t just wandering through this neighborhood like that,” Leibig said.

Tufts once again argued that given Swiney’s history as a school staff member, where he showed a willingness to subvert rules even after emails showed he met with then former Hollymead Principal Joe McCauley in March of 2025 to discuss professional boundaries, proved the court had reason to believe he could once again violate any conditions put in place by the court.

But Higgins, while stating she believes Tufts’ argument was valid, ultimately found the conditions proposed by the defense to be detailed and strict enough to grant the $50,000 secure bond, and stated the restrictions will be court orders, rather than the suggestions he received from McCauley.

As part of the ruling, Swiney will be monitored at his home by pre-trial services and has waived his right to the Fourth Amendment, which protects against unreasonable searches and seizures, to law enforcement.

Swiney is also not allowed to leave his house except for trial and meetings with his attorney and pre-trial services, the latter of which must be approved ahead of time by pre-trial services. His wife must accompany him anytime he is out in public, and he will be monitored by Freedom Bail Bonds using an ankle bracelet.

Swiney’s next court appearance was also set for Oct. 30 at 9 a.m. It will be a three-hour trial, in which the Commonwealth will motion to join all of Swiney’s charges into one trial.

Half-an-hour before Swiney’s appearance on Thursday, McCauley, as well as Albemarle County Public Schools’ Deputy Chief Human Resources Officer Brodie Downs and Assistant School Division Counsel & Title IX Coordinator Erin Stone, all made a brief appearance in Albemarle County Circuit Court following their arrests on Wednesday. Each face three counts of failure to report a case of child abuse. Their cases will be set during the court’s docket call on Dec. 7 at 9:30 a.m.