Press-Republican

Police, Fire, Courts

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.

VIOLENT FELONIES

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.

‘DISTURBING HISTORY’

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.”

LEGAL MAXIMUM

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.

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