Man pleads guilty to sex crime

Bluefield Daily Telegraph - 12/5/2018

Dec. 05--PRINCETON -- A Mercer County man facing 60 to 100 years on charges including first-degree sexual assault entered a best interest plea Tuesday and pleaded guilty to one charge of incest that carries a possible term of five to 15 years in prison.

Barry Evans Osborne, 40, of Bluefield appeared before Circuit Court Judge Derek Swope for a plea hearing. Osborne was arrested July 10, 2017 and later indicted on two charges of first-degree sexual assault, two charges of sexual abuse by a parent, guardian, custodian or person of trust, and two charges of incest. The charges stemmed from the two incidents of sexual assault of a 9-year-old girl that took place between the summer of 2010 and December 2011.

Osborne told Detective K.L. Adams of the Bluefield Police Department that he had a severe drug problem, using heroin and cocaine, and could not remember assaulting the child, according to testimony at Osborne's preliminary hearing.

After Swope reminded Osborne of his constitutional rights including the right to a jury trial, the right not to incriminate himself and the right to appeal a conviction, Osborne pleaded guilty to one charge of incest, which carries a possible term of five to 15 years in prison. Swope told Osborne that he would have to serve five years before he could become eligible for parole. With good behavior, he could discharge the sentence in seven and a half years.

Swope asked Osborne if he was entering into a best interest plea in order to avoid the possibility of "a significantly higher penalty" if a jury found him guilty on all the other charges. Osborne faced 15 to 35 years in prison on both of the first-degree sexual assault and 10 to 20 years for both of the sexual abuse by a parent, guardian, custodian or person of trust charges.

"Yes, your honor," Osborne replied.

Swope then told Osborne that he would be under strict supervision for up to 50 years after being released from prison, and he would have to register as a sex offender for the rest of his life. Osborne would face a return to prison if he violates any terms of his supervision. He also had previous felony convictions for malicious assault and drug distribution, Assistant Prosecuting Attorney Adam Wolfe said later.

Osborne was told that another felony conviction would have serious consequences.

"If you have another felony in West Virginia, they could lock you up for life," Swope said. Osborne would be eligible for parole in 15 years, but he could also face life in prison if parole were denied.

Wolfe said he had spoken with the victim, who is now in her teens, on many occasions. She was willing to testify, but preferred not to.

"I do think this is in her best interest," Wolfe said. "I think she is ready to put this behind her."

Wolfe said besides the juvenile's statement, the prosecution would have had a collaborating witness at Osborne's trial. Swope asked if there was any forensic evidence, and Wolfe replied that there was not.

Swope ordered that Osborne undergo a presentencing investigation and a sexual offender evaluation, then set a court date for February 2019 to determine whether to accept to plea. Osborne remained free on bond.

Osborne was represented by attorney John Byrd and attorney Shannon Baldwin. The juvenile's interests were represented by attorney M. Magann.

-- Contact Greg Jordan at gjordan@bdtonline.com

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