KEYSER, W.Va. — Keyser businessman Brian Smith must serve 120 days in jail after being sentenced Tuesday on the charge of battery stemming from the sexual abuse of a teenage boy.
Smith, the owner of Smith Funeral Home, was sentenced by Judge Lynn Nelson, who ordered Smith to be placed on three years’ probation upon completion of the jail term; pay court costs and fees relating to the victim that are not covered by insurance; perform 100 hours of community service at a court-approved location; and complete counseling at the Community Corrections Program upon release.
Smith was ordered to report to the Potomac Highlands Regional Jail in Augusta on Feb. 15 to begin serving the jail term.
Smith was sentenced to one year with all but 120 days suspended by the judge.
According to Nelson’s sentencing order, the court heard from the victim’s family, counsel for the state, and said the receipt of more than 50 letters on behalf of the victim. The court also heard from the defendant and his counsel.
Smith faced a maximum penalty for battery of one year in jail and/or a fine of $500.
The conviction resulted from a plea agreement for Smith, who was originally charged with sexual abuse by a guardian, custodian or person in a position of trust and first-degree sexual abuse following the June 2009 incident.
The judge’s five-page order included discussion of the case and the tragedy of the crime, detailing of the undisputed facts in the case, and the sentencing challenges the case posed to the court.
The incident occurred in Smith’s home when the 14-year-old boy was changing from his swimsuit into his clothes, according to court documents. Smith entered the bathroom and and touched the victim inappropriately. The boy pushed Smith, who then backed away and apologized.
Several days later, Smith called the boy’s mother, admitted his act and apologized, according to court documents. Smith also apologized before the court.
“This court cannot understand the state of mind the defendant was in that would lead him to commit this act,” Nelson said in his sentencing order. “The court must also consider that this crime, when viewed against other sex crimes against children, is minimal at best. The court is thankful that this only occurred once and was no more abusive than it was. However, it should not have happened once.”
The case was prosecuted by Prosecuting Attorney James Courier Jr.
Smith was represented by attorney Dan James.
