July 22, 2013

Sex offender get prison time for failing to report


PLATTSBURGH — A convicted sex offender was sentenced to up to 11 years in prison after failing to register in accordance with the State Sex Offender Registration Act.

Following an April 10 trial, Brian Barber, 30, was convicted on all counts of the charges against him, including failure to register as a sex offender and filing a false business record, both felonies, according to a news release from the Clinton County District Attorney’s Office.

Barber was given a minimum sentence of 4 1/3 years in state prison.

The DA’s Office said he failed to adhere to the Sex Offender Registry requirements multiple times.


After missing his registration requirement date by more than two weeks, Barber filed a report at the Clinton County Sheriff’s Office with information that hid his actual move date, the DA’s Office said.

Barber’s criminal history, which includes multiple violent felonies, qualifies him as a “persistent felony offender” under New York state law.

That qualification gave the court discretion to sentence him as though he were convicted of a class A felony, which is punishable by 25 years to life in prison, the DA’s Office said.

Class A felonies include murder, kidnapping and arson.


Barber’s persistent felony hearing was held immediately prior to his sentencing.

Clinton County Assistant District Attorney Nicholas Evanovich pointed to Barber’s “long and disturbing criminal history, refusal to conform to any supervision requirements and that society needs to be protected for as long as possible,” the release said.

Barber’s attorney, Joe Mucia, asked Judge Kevin Ryan to refrain from issuing such a harsh punishment to his client, citing Barber’s “hard upbringing, low IQ and history of drug and mental-health issues.”


Ryan decided not to sentence Barber as a persistent felony offender, but his sentence was the legal maximum for his convictions, the DA’s Office said.

“While sentencing someone as a persistent felon is not common, it was important to advocate for that treatment, to not only punish a serious repeat offender, but to protect the community at large,” District Attorney Andrew Wylie said in the release.

“While the court declined to sentence (Barber) as a persistent felony offender, we are reluctantly satisfied that the defendant otherwise received the maximum amount of incarceration allowed.”


Barber served two years and five months in Bare Hill Correctional Facility in Malone after a 2004 conviction for repeatedly raping a 14-year-old girl he knew from the area.

In January 2008, a year after he was released from prison, he stole a Jeep Commander SUV from the parking lot of the Golden Gate Motel in Plattsburgh, crashed it into a car at the intersection of Lynde Street and Bailey Avenue and fled on foot, carrying a marijuana pipe and stolen music equipment, Plattsburgh City Police told the Press-Republican soon after the incident.

Officers found Barber hiding in a running car parked in nearby driveway, police said.

He was a suspect in several car larcenies as well, police said.

Barber served three years and two months in state prison after Ryan sentenced him to a year in jail for the drunken driving and two to four years for the stolen property charge.

Email Felicia Krieg:fkrieg@pressrepublican.comTwitter: @FeliciaKrieg