The Inter-Mountain photo by Amanda Hayes Joshua Adam Brown, left, and his attorney Steve Nanners, stand during Brown’s sentencing Tuesday in Upshur County Circuit Court.

The Inter-Mountain photo by Amanda Hayes
Joshua Adam Brown, left, and his attorney Steve Nanners, stand during Brown’s sentencing Tuesday in Upshur County Circuit Court.

BUCKHANNON — A Buckhannon man will serve an indeterminate sentence of 12 to 60 years followed by 50 years of supervised release for sexually abusing an 11-year-old child and having more than 400 pornographic images in his possession.

Joshua Adam Brown, 36, plead guilty on July 3 to two counts of sexual abuse in the first degree and one count of distribution and exhibiting material depicting minors engaging in sexually explicit conduct, all felonies.

Brown’s attorney, Steve Nanners, noted during Tuesday’s sentencing hearing that Brown had no prior criminal history and had been a victim of sexual abuse.

“I know that is not an excuse for his actions but it is certainly something for the court to consider,” Nanners said.

Noting the conclusions of the psychological evaluation that was ordered, Nanners said Brown was a poor candidate placement and would benefit from residential sexual offender treatment.

However, he suggested home confinement where Brown would live with his parents and get treatment.

“Mr. Brown is asking the court to allow him to get treatment for this both as a victim and as a perpetrator,” Nanners said. “I think home confinement could accomplish this court’s concern for any safety in the community.”

If the court would not consider home confinement and a treatment plan, Nanners asked the court to sentence concurrently regularly than consecutively.

For his part, Brown told the court, “I just want to say I’m sorry for all of it and I would like to get help.”

But prosecuting attorney David Godwin pointed out that in the report Brown placed blame for his behavior on the 11-year-old.

He asked Judge Jake Reger to use consecutive sentencing of two five to 25 years in prison followed by two to 10 years.

Godwin also asked the court to follow the doctor’s recommendation that once Brown does return to the community he be prohibited from being alone with any male or female under age 16.

Reger noted that Brown had originally been indicted in September 2018 for six counts of sexual assault in the first degree, a felony; 10 counts of sexual abuse in the first degree, a felony and two counts of distribution and exhibiting material depicting minors engaging in sexually explicit conduct, a felony.

As part of the plea agreement, Godwin agreed to dismiss the other counts.

The judge also noted that Brown’s plea in the July 3 hearing had been a Kennedy vs. Frazier plea where Godwin had to lay a factual basis for the plea.

Reger read from Brown’s statements in the report about the child.

“I had difficulty when he was trying to blame an 11-year-old on what happened,” Reger said. “It’s a serious crime, serious offenses on top of it. I don’t know he fully appreciates the seriousness of what happened.”

With that, Reger sentenced Brown to indeterminate sentences of five to 25 years each on his conviction of first degree sexual abuse on each of the two counts and two to 10 years for distribution and exhibiting material depicting minors engaging in sexually explicit conduct.

Brown was given credit for time served since being incarcerated but the sentences will run consecutively and not concurrently.

Reger also ordered 50 years of supervised release.

“I think it’s appropriate given the nature of the case,” Reger said. “The impact and effect that had on this child will probably never ever be able to be totally measured. I certainly don’t think it’s that child’s fault that happened. I think it’s your fault this happened.”

Reger said he would recommend Brown receive sex offender treatment through the Department of Corrections.

Brown will have to register as a sex offender upon his release.