Bluefield man gets 5 to 15 years for incest

Bluefield Daily Telegraph - 2/28/2019

Feb. 28-- Feb. 28--PRINCETON -- After speaking to the victim and making sure she approved of a plea agreement, a Mercer County judge sentenced a Bluefield man Thursday to a term of 5 to 15 years for incest.

Barry Evans Osborne, 40, was brought before Circuit Court Judge Derek Swope for sentencing. Osborne pleaded guilty in December 2018 to incest, which carries a penalty of 5 to 15 years in prison. With good behavior, he could discharge the sentence in seven and a half years.

Osborne faced the possibility of 60 to 100 years in prison when he was arrested on 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.

Swope asked the victim, who attended the sentencing Thursday, if she agreed with the plea and wanted it to go ahead and said Osborne could face much more time if his case went to trial. She replied that she wanted the agreement. Swope warned members of the media not to photograph or videotape her.

"I'm going to reluctantly accept this plea agreement," Swope said, adding he was making this decision so she would not have to go through the strain of testifying at a trial.

Attorney John Byrd, who represented Osborne, asked the court to consider home confinement, but this was denied. Osborne, who hung his head during the proceedings, apologized to the victim and the court.

Swope informed Osborne that he would be under 50 years extended supervision after he completed his prison sentence. He could be about 48 years old if he's released in seven and a half years, but he would be 98 by the time his supervision is over.

The supervision's terms will be strict, Swope warned Osborne. If he violates any of its provisions, he could serve 50 years in prison.

"Then you're going to be gone, gone until you're 98 years old, and that's going to be it," Swope said.

Osborne must also register as a sex offender for the rest of his life. Swope told Osborne that he will be required to register with the West Virginia State Police, and that he could be arrested if he failed to keep his registration updated.

Assistant Prosecuting Attorney Adam Wolfe represented the state at Thursday's hearing.

-- Contact Greg Jordan at gjordan@bdtonline.com

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