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Brown avoids prison but not jail

Former star athlete from Gaston will be sentenced in June


BrownDusty Brown of Gaston has signed a plea petition that will keep him out of prison, but not out of jail — and not off the state’s sex-offender registry.

In Washington County Circuit Court Judge Kirsten Thompson’s courtroom last Wednesday, the 19-year-old pleaded guilty to one count of online sexual corruption of a child in the second degree and two counts of rape in the third degree — all Class C felonies.

Ten other charges were dropped, including three additional counts of rape in the third degree, one count each of sodomy in the third degree and sexual abuse in the second degree (also Class C felonies), and five counts of online sexual corruption of a child in the first degree, a Class B felony. The most recent incident occurred in October 2012 and the most distant in January 2012.

The 13 counts involved three separate girls, each of whom is connected to one of the three counts in Brown’s guilty plea. The felonies carried the potential for a maximum sentence of up to five years in prison.

In exchange for the plea, Gaston High’s former star athlete will be sentenced to five years of formal probation and 90 days in jail. With credit for one day already served, time off for good behavior and work credit if he gets a job inside the jail, Brown could cut almost a month off his jail term, according to the jail’s Time Computations office.

Deputy District Attorney Paul Maloney, who prosecuted the case, said there were two sets of victims: not only the underage girls, but their parents as well. Sometimes those two sides had different ideas about what sentence they wanted to see imposed on Brown, said Maloney, who took into consideration the differing views while working out the plea.

One important factor, he said, was the desire to avoid having the girls testify at a trial.

According to the plea petition, Brown pleaded guilty “because I did the following: On or about October 30, 2012 in WA Co., OR, I being 18 years of age or older, for purposes of gratifying sexual desire, used online communication to solicit a child to engage in sexual conduct and offered to meet with the child and on or about Feb. 1, 2012 and August 15, 2012, engaged in sexual intercourse” with two separate girls under the age of 16.

Under the plea agreement, Brown is banned from contacting any of the three girls or their family members — or any females under 18 without written consent of his probation officer. Brown must also get permission from the officer for cell phone, computer and Internet use. Special software will be installed to monitor Brown’s Internet use and ensure he complies with his sentence.

He also must give a DNA sample for a felon database and be tested for HIV. In addition, he must undergo sex-offender evaluation, treatment and counseling.

Finally, Brown must register on a statewide database as a sex offender, a label which will follow him for life. He will have to notify authorities if he moves, enrolls in school or makes otherwise significant changes.

Brown’s actual sentencing will occur June 18 in Thompson’s courtroom, where Brown got a glimpse of his future last week. A young man pleaded guilty, then obediently held his arms behind his back while a deputy sheriff snapped on yellow handcuffs and sent him over to wait with the chained, orange-jumpsuited inmates who would be returning to jail soon after entering pleas of their own.

With Brown entering custody in June, he would be able to complete his jail term in time to return to Western Oregon University in the fall, where he is currently majoring in criminal justice.



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