‘This behavior was predatory’: Chubbuck man sentenced to 12 years in child sex crime case
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POCATELO — A Chubbuck man has been sentenced to at least 12 years in prison after a district judge rejected a binding plea agreement in the man’s child sexual abuse case.
District Judge Rick Carnaroli sentenced Brandon Rex Brown to six years fixed and 14 years indeterminate for the two felony counts and one year fixed for the misdemeanor count. Each count will run consecutively, meaning Brown faces 12 years in prison.
Brown will also be required to register as a sex offender.
This was the second sentencing Brown had as his initial sentencing resulted in Carnaroli not accepting Brown’s initial plea agreement.
Judge rejects plea deal
On June 24, Brown appeared before Carnaroli, who, within four minutes, rejected the plea agreement.
“Based on the facts of this case in the pre-sentence investigation report, I’m going to exercise my discretion to reject the plea agreement and give Mr. Brown the opportunity to withdraw his guilty plea and go to trial if he so chooses,” Carnaroli said.
Brown was originally charged with felony production of child pornography, felony child sexual battery, felony child sexual exploitation of a child, felony lewd conduct with a child, and misdemeanor sexual battery.
Brown had accepted a binding plea agreement on March 6, in exchange for an Alford plea on the felony child sexual battery, felony lewd conduct with a child and misdemeanor sexual battery. The state dismissed the remaining charges. An Alford plea allows Brown to claim his innocence, but he understands that going to a jury trial will likely result in him being found guilty based on the evidence presented.
The agreement stated that, depending on Brown’s psychosexual evaluation, if he was placed in the low to low-moderate range to reoffend, the court would suspend his sentence and place him on probation for five years. An underlying prison sentence would be given for two years.
If Brown were placed in the moderate to high range, the court would suspend his sentence and retain jurisdiction with an underlying prison sentence of three years. If he were placed higher, Brown would be sentenced to four years in prison.
A retained jurisdiction means Brown would complete a rider treatment program in prison for one year. Once the program is done, the court can decide whether or not to send Brown to prison for his given sentence or release him onto probation
Carnaroli said due to the sentencing alternatives given within the agreement, he would not put his signature on it.
A new agreement signed on June 7, no longer binding, also changed the recommendation from the state, which recommended a retained jurisdiction with an underlying sentence of two years determinate and six years indeterminate to run concurrently for each charge.
The agreement states the defense would be free to argue any terms during sentencing.
Sentencing
On July 29, Brown appeared before Carnaroli after signing another plea agreement.
Brown’s attorney, Allen Browning, spoke to the court that Brown does not have any prior criminal convictions, nor any substance abuse or mental health issues. Browning said Brown is accepting of the court’s punishment and takes ownership of his actions.
Due to his actions, Browning said Brown lost his insurance business, other business ventures, and tore his family apart.
“He has sinned. He has committed crimes in this… What he’s done in this case is so out of character with his normal behavior that it’s not even him. It’s difficult for him to come face-to-face with that,” Browning said.
Bannock County Prosecutor Janet Franklin introduced three of the victims who gave their impact statements.
The first victim is the mom of one of the victims in this case. She told the court that Brown had shown zero remorse, lied and manipulated the facts of what had happened.
“You don’t want people to know the truth. You don’t want your friends, family, neighbors or community to see the real Brandon,” the victim said.
The second victim said she had known Brown as a friendly neighbor, but that people only saw the mask he wore. She said she thanks God every day that another victim had recorded a video of Brown in the act, as she worried whether people would believe her or the other victim over this.
“What you did changed me. You stole my sense of safety, my trust and a part of my innocence that I can never get back,” the second victim said. “What you didn’t take, and what you’ll never take, is my voice.”
The third victim spoke more about Brown’s character being a businessman, a man with an amazing family and a father figure, but how it all changed in a flash.
“I get flashbacks of being in that room along with a man who is a father figure in my life… I got told it was my fault and not the grown man with the camera. This experience will forever be with me,” the third victim said.
The third victim said she is proud of who she became after this incident and proud of the other victims who spoke out. She said, “I will forever be connected to these beautiful young ladies through such horrendous acts, but I couldn’t be more thankful for their bravery as we move forward.”
Franklin told the court that the evidence in this case was complex, making a plea agreement necessary because the state’s case would’ve been challenging to prove in a trial.
She defended the state’s recommendation for a retained jurisdiction as it’s far from just probation. After Brown completes sex offender treatment, the Idaho Department of Correction can determine if he is a candidate for probation or not.
“The criminal acts for which Mr. Brown pled guilty involved harm to the community, which cannot be quantified,” Franklin said. “The defendant targeted underage girls in close proximity to his workplace with promises that they could begin modeling careers… This behavior was predatory.”
Brown was given the chance to give a statement, and he told the court and the victims that he is ashamed of what he’s done.
“I don’t deserve forgiveness. I understand, yet I want you to know that I’m truly sorry for how I’ve treated you. It was inexcusable, and all I can do at this point is offer my sincerest apologies, and I just wish for healing for everybody,” Brown said.
Carnaroli’s sentence
Before Brown’s sentencing, Carnaroli said he understands the emotional nature of the victim’s impact statements and the pleas for him to sentence Brown for longer than what’s possible. He said he can only sentence Brown for what he has pleaded guilty to.
Regarding punishment, Carnaroli told Brown that he’s handed out sentences involving sex crimes against children with two individuals serving life sentences.
He highlighted that many people within Brown’s family and friends spoke highly of him, but found it ironic that Brown made swimsuits called Chameleon.
“In some respects, when you close the door and lock it behind you in 2019… when you lock the door behind you at the mall in January of 2024… You changed colors,” Carnaroli said. “They (the victims) saw a different person than your public persona, that so many are probably shocked by what you’re accused of and can’t believe you pled guilty to it, but you did.”
Carnaroli also took issue with Brown’s Alford Plea, which, in his view, is a form of acceptance where the individual does not fully admit guilt but acknowledges that the evidence could prove their guilt in a trial.
Another issue Carnaroli faced was in Brown’s pre-sentence report, where the polygraph included three questions about his actions during the incident. The polygrapher reported indications of deception.
Overall, Carnaroli believes the sentence he gave to Brown would not depreciate the seriousness of the crime due to his conduct causing harm to the victims and radiating to their families. He told Brown what he did was calculated and planned.
“You are sorry, but I can’t tell if you’re sorry that you got caught or if you’re genuinely sorry that you hurt some people and those who are close to them,” Carnaroli said.