Ex-deputy Brian Beck won’t get jail time after plea deal

Brian Beck will not serve time after a plea bargain in his rape case (2018 mug shot above via Germantown Police Department).

Brian Beck will not serve time after a plea bargain in his rape case (2018 mug shot above via Germantown Police Department).

After hitting a Plea deal with prosecutorsa one off Tennessee Deputy Sheriff who was charged with repeated rape a 14-year-old girl over a 20-month period will not serve time in prison and will not need to register as a sex offender.

Brian O Beck47, pleaded guilty to a single count of aggravated assault on Monday, court filings show Shelby District Court. The request was part of an agreement between Beck and prosecutors, a member of the Shelby County Attorney General’s office confirmed to Law&Crime.

The judge in the case suspended Beck’s nominal four-year sentence and said the defendant would serve three years’ probation instead, according to a ruling issued to Law&Crime by prosecutors. If Beck does not meet the terms of his parole, under the parole order he could be himself incarcerated for the four-year sentence referred to above, and a Statement by the prosecutor to a local television station. The order also requires Beck to do 150 hours of community service, undergo random drug screening and have no contact with the victim.

The judge’s order, essentially a cursory form document with boxes to tick and a few blank lines to fill in, offers only a glimpse of the rationale behind the moves.

The document states that “the accused is unlikely to engage in criminal conduct again” – at least “to the satisfaction of the court” – and that “the aims of the judiciary and the good of society do not require that the Those accused of doing so are currently suffering the penalty of imprisonment prescribed by law.”

judge Lee coffee signed on the document.

According to the order, Beck does not have to register as a sex offender.

According to a press release from the Shelby County Attorney at the time, the Shelby County Sheriff’s Office fired Beck in June 2018 without pay. The document went on to say that Beck, then 43, had served as a sheriff since 2004.

The victim was just 14 when authorities claimed she had been sexually assaulted for the first time, the press release added. The age of consent in Tennessee is 18.

Beck’s arrest came a day after a grand jury indicted him on two counts of rape or coercion and two counts of sexual assault by an authority figure.

Brian Beck files charges

Beck would have faced up to 90 years in prison had he been convicted on the four counts contained in an original grand jury indictment.

Beck’s bail was originally set at $125,000 but was lowered to $90,000 a few days later, court documents show. Beck posted bail for the lesser amount.

Then there was nothing.

Every hearing and trial date on the public court record from the day Beck was released on bail to the day he entered his guilty plea Monday has been “reset.”

Last June, the victim’s family decided to express their frustration.

“It’s been five years,” the victim’s father said in an interview with Memphis NBC affiliate WMC referring to the start date of the alleged abuse. “I mean, she needs a degree.”

The TV station said it agreed not to name the father so as not to identify the victim. But at this point, the family had been awaiting trial for about three years since the defendant was charged.

“I mean, there’s damage, you know, great damage and calamity,” the victim’s father said. “She just needs a degree. She just needs to see the movement of the ball, she needs to see that.”

The father’s frustrations went over the airwaves along with complaints Leslie Ballin, Beck’s attorney, on a backlog of proceedings due to the novel coronavirus pandemic. The general thesis of the report was that the Sixth Amendment’s right to a speedy trial was under siege because of the pandemic, but prosecutors offered that cases in local courts would soon resume.

The Sixth Amendment right to a speedy trial belongs to the accused, not the victims, under the simple terms of the US Constitution: “the accused enjoy the right to a speedy and public trial” (emphasis added).

Ballin did not respond to a Law&Crime request for comment on the case, and it is not apparent from the available court filing whether concerns about a speedy trial mentioned in the TV story played a role in the development of the Beck case.

Brian Beck plea deal

Beck will not serve jail time thanks to a plea deal with prosecutors.

The prosecutor’s office did not comment on why prosecutors agreed to a plea deal. A spokesman told Law&Crime only that “the defendant’s guilty plea to a crime will remain on his record (no distraction), he may no longer own a weapon or be employed in law enforcement.”

After a state websiteTennessee law enforcement officers are required to pass rigorous criminal background checks.

Prosecutors filed nolle prosequior a decision to drop any of the counts of rape and both counts of sexual battery, according to court records. It appears prosecutors switched the other count of rape to aggravated assault – the latter being the count to which the defendant pleaded guilty.

Under Tennessee Code of Criminal Procedurea prosecutor can drop or add charges against a grand jury accusation if a defendant agrees with the decision. The rules state that a prosecutor can change an indictment without a suspect’s permission (prior to the point at which danger appears imminent) if “no material rights of the suspect are adversely affected”. danger generally attached when a juror is sworn in. Here no “essential right” of the defendant would be “impaired” because the change would result in a more serious accusation being replaced by a much lesser accusation.

Beck would have faced up to 90 years in prison if convicted on the four counts on which he was originally charged by the grand jury.

Read the judgment document and the original press release below:

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https://lawandcrime.com/crime/judge-allows-former-deputy-accused-of-raping-14-year-old-girl-to-avoid-prison-and-sex-offender-status/ Ex-deputy Brian Beck won’t get jail time after plea deal

James Brien

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