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By Liz Beavers
lbeavers@newstribune.info
Tribune Managing Editor
KEYSER – Saying he made “a very poor judgement decision,” a quiet Brian Smith publicly apologized to the family of the victim of his “inappropriate actions” Thursday as the Keyser businessman entered into a plea agreement which brought to an end 2 1/2 years of court hearings and rampant rumors.
Smith, the owner/operator of Smith Funeral Home in Keyser, was charged with two felony counts – sexual abuse in the first degree and sexual abuse by a guardian, custodian, or person of trust – in connection with an incident that was to have occurred at his home in June 2009.
Since that time, and since being indicted by a Mineral County Grand Jury in May 2011, Smith has been in and out of court with attorneys for both sides hammering out the details as to what testimony would be allowed in court and what would be thrown out as “hearsay.”
Thursday, just four days before his jury trial was to have begun, Smith entered a guilty plea to the lesser misdemeanor charge of battery.
Included in the written agreement, according to prosecuting attorney Jay Courrier, however, are “certain admissions made to clarify some of the misconceptions” which have been circulating throughout the community as a result of the emotionally-charged case.
In the document, Courrier said, “the defendant will admit that he invited the victim to swim at the defendant's home ... that he followed the victim into the bathroom ... and Mr. Smith touched the victim in an ... inappropriate way.”
Both Courrier and defense attorney Dan James emphasized that the agreement had been reached with the welfare of both families in mind.
“This tragedy has affected everyone in this room,” James said, looking around the courtroom that was so packed with family and supporters of both the defendant and the victim that some of the crowd had to be seated in the jury box.
“I told Brian Smith a long time ago that I would use all my might, my heart and soul (to defend him), but lives will be destroyed on that witness stand.”
“One of the things he told me is that he did not want to put his family through that process, nor did he want to put the family of the victim through that process,” he said.
“My client is, and has been his whole life, a good man.”
James noted that not only had Smith apologized to the victim for the incident, but he had also called the teen's mother to apologize.
“He said to her, 'something's been on my mind; it's bothering me. I don't know what happened; I snapped, and I'm sorry,'” James said.
James also noted that this was a singular incident, as no other alleged victims had come forth to claim that there were other occurrences of inappropriate behavior.
“There is no evidence that this is anything other than a lapse of judgement of a good man who has been a good husband, a good father and a good member of this community,” he said.
Courrier also spoke of the devastating effect the incident has had on the families and the close relationship they once had.
“There are certain cases that come through our office that you know from the beginning are going to be horrible to prosecute,” he said. “I hope that when this gets reported they will focus on the fact that the plea was in the best interest of the teen-age victim and his family.
“I would not have entered the agreement if they had not been ok with it. We considered the impact of having a trial ... and the emotional stress it would have placed on the young man.
“The family felt it was the best outcome under the circumstances we have.”
Noting that the rumors surrounding the trial had resulted in the victim's family being victimized as well, Courrier said the incident and the case “has deeply affected their lives ... and it's constantly there. It's not going to go away.”
As a result of the heartache which the incident caused, Courrier told the judge that “Mr. Smith needs to be accountable, even though he has done good things for the community.”
Courrier therefore asked that Smith be sentenced to the maximum of one year of prison and a $500 fine. In addition, he asked that there be a “no contact” order issued, and that Smith pay for any counseling which the victim might require in order to recover from the incident.
Lastly, Courrier asked that the court records be sealed in an attempt to keep the victim's identity concealed.
The victim's parents and sister also addressed the court, asking that Smith receive the maximum penalty.
“I just want people to know what he did to our lives and to our son's life,” the mother said. “I never thought in a million years that I'd be here. My son has paid a price for this, which he'll have to pay the rest of his life.”
“My son trusted him,” the victim's father said of Smith. “He trusted him. And now it's cost him 2 ½ years of torment.”
He urged the judge to give Smith the maximum sentence, saying, “We need to let this county know that we're not going to let pedophiles do this. Don't let him off just because he's a businessman.”
It was the victim's sister, however, who broke down in tears when she spoke to the court, saying the defendant was “someone I trusted and I loved. Now he needs to see what he's done to us.”
Judge Lynn Nelson noted that just prior to Thursday's hearing he had been given “a packet of 30 to 40 letters” which he wanted to go over before passing sentence.
According to James, one of the letters was written by the victim himself.
Nelson said he expected to release an order sometime the first part of next week.
By Liz Beavers
lbeavers@newstribune.info
Tribune Managing Editor
KEYSER – Saying he made “a very poor judgement decision,” a quiet Brian Smith publicly apologized to the family of the victim of his “inappropriate actions” Thursday as the Keyser businessman entered into a plea agreement which brought to an end 2 1/2 years of court hearings and rampant rumors.
Smith, the owner/operator of Smith Funeral Home in Keyser, was charged with two felony counts – sexual abuse in the first degree and sexual abuse by a guardian, custodian, or person of trust – in connection with an incident that was to have occurred at his home in June 2009.
Since that time, and since being indicted by a Mineral County Grand Jury in May 2011, Smith has been in and out of court with attorneys for both sides hammering out the details as to what testimony would be allowed in court and what would be thrown out as “hearsay.”
Thursday, just four days before his jury trial was to have begun, Smith entered a guilty plea to the lesser misdemeanor charge of battery.
Included in the written agreement, according to prosecuting attorney Jay Courrier, however, are “certain admissions made to clarify some of the misconceptions” which have been circulating throughout the community as a result of the emotionally-charged case.
In the document, Courrier said, “the defendant will admit that he invited the victim to swim at the defendant's home ... that he followed the victim into the bathroom ... and Mr. Smith touched the victim in an ... inappropriate way.”
Both Courrier and defense attorney Dan James emphasized that the agreement had been reached with the welfare of both families in mind.
“This tragedy has affected everyone in this room,” James said, looking around the courtroom that was so packed with family and supporters of both the defendant and the victim that some of the crowd had to be seated in the jury box.
“I told Brian Smith a long time ago that I would use all my might, my heart and soul (to defend him), but lives will be destroyed on that witness stand.”
“One of the things he told me is that he did not want to put his family through that process, nor did he want to put the family of the victim through that process,” he said.
“My client is, and has been his whole life, a good man.”
James noted that not only had Smith apologized to the victim for the incident, but he had also called the teen's mother to apologize.
“He said to her, 'something's been on my mind; it's bothering me. I don't know what happened; I snapped, and I'm sorry,'” James said.
James also noted that this was a singular incident, as no other alleged victims had come forth to claim that there were other occurrences of inappropriate behavior.
“There is no evidence that this is anything other than a lapse of judgement of a good man who has been a good husband, a good father and a good member of this community,” he said.
Courrier also spoke of the devastating effect the incident has had on the families and the close relationship they once had.
“There are certain cases that come through our office that you know from the beginning are going to be horrible to prosecute,” he said. “I hope that when this gets reported they will focus on the fact that the plea was in the best interest of the teen-age victim and his family.
“I would not have entered the agreement if they had not been ok with it. We considered the impact of having a trial ... and the emotional stress it would have placed on the young man.
“The family felt it was the best outcome under the circumstances we have.”
Noting that the rumors surrounding the trial had resulted in the victim's family being victimized as well, Courrier said the incident and the case “has deeply affected their lives ... and it's constantly there. It's not going to go away.”
As a result of the heartache which the incident caused, Courrier told the judge that “Mr. Smith needs to be accountable, even though he has done good things for the community.”
Courrier therefore asked that Smith be sentenced to the maximum of one year of prison and a $500 fine. In addition, he asked that there be a “no contact” order issued, and that Smith pay for any counseling which the victim might require in order to recover from the incident.
Lastly, Courrier asked that the court records be sealed in an attempt to keep the victim's identity concealed.
The victim's parents and sister also addressed the court, asking that Smith receive the maximum penalty.
“I just want people to know what he did to our lives and to our son's life,” the mother said. “I never thought in a million years that I'd be here. My son has paid a price for this, which he'll have to pay the rest of his life.”
“My son trusted him,” the victim's father said of Smith. “He trusted him. And now it's cost him 2 ½ years of torment.”
He urged the judge to give Smith the maximum sentence, saying, “We need to let this county know that we're not going to let pedophiles do this. Don't let him off just because he's a businessman.”
It was the victim's sister, however, who broke down in tears when she spoke to the court, saying the defendant was “someone I trusted and I loved. Now he needs to see what he's done to us.”
Judge Lynn Nelson noted that just prior to Thursday's hearing he had been given “a packet of 30 to 40 letters” which he wanted to go over before passing sentence.
According to James, one of the letters was written by the victim himself.
Nelson said he expected to release an order sometime the first part of next week.
