A 20-year-old local man was sentenced to 30 years in prison Tuesday after pleading guilty in Garland County Circuit Court to two counts of second-degree sexual assault involving consensual sex with a 13-year-old girl in 2015.
Brandon Lee Willard, who was 18 at the time of both encounters with the victim, was originally charged with two counts of rape, punishable by up to life in prison, and was set to stand trial Tuesday, but he agreed to plead to the reduced charges and was sentenced to 15 years on each count, to run consecutively.
Willard's attorney, Brent Miller, had previously filed a motion for a mental evaluation for Willard, whom he noted has an IQ of about 74 and is "borderline mentally retarded." He said the evaluation, while confirming he had a low IQ, determined he did not suffer from a mental disease or defect and was therefore fit to proceed with trial.
Because the victim was under the age of 14 at the time and Willard was more than three years older than her, Miller said under the law he was guilty of rape.
"Given the known provable facts, Brandon unfortunately had to accept the agreed sentence on the reduced charges. The young lady's father originally wanted a trial and for her to testify about what she did with my client, as apparently getting a rape conviction was important," Miller said.
"I have a 21-year-old daughter. I am aware of protecting one's child. But to be that irrational and vehement based on these circumstances? Seems ridiculous. Unfortunately, going to jury trial would have lead to two rape convictions with a mandatory 25-year minimum sentence with 70 percent parole eligibility, thus putting Brandon in prison for at least 17 and a half years.
"For what took place, absolutely consensual, between two teenagers who function at essentially the same level intellectually, that's absurd. Was it a just result? In my opinion, no. But the rape convictions equated to over a dozen more years, at a minimum, in prison, than the ultimate plea agreement.
"I had to do what was best for him in the long term," he said.
Miller said Willard had been in foster homes since he was a baby and "bounced around from home to home," ending up at Hillcrest Children's Home at one point before being taken in by a local family.
He said Willard met the victim on the school bus and "their first texts were about him wanting to hold her hand," but then it progressed from there.
According to the affidavit, the victim's stepmother filed a report on Dec. 15, 2015, alleging that Willard had engaged in sexual activity with her stepdaughter at the victim's residence.
The victim was interviewed two days later at the Cooper-Anthony Mercy Child Advocacy Center and stated that around 1:30 a.m. on Dec. 13, Willard came to her house after the two had been texting each other. She said she met Willard outside and the two of them went into the garage, where she performed oral sex on him.
She said she was a willing participant in the act and was not forced. She said Willard was aware of her age as they had previously discussed it and he had commented he was "too old for her." He later texted her telling her not to tell anyone because "he could go to jail."
The stepmother provided the victim's cellphone to investigators after she viewed some of the texts between Willard and the victim. The conversations between the two were consistent with the victim's statement, the affidavit states.
Willard was arrested on Dec. 23, 2015, on one count of rape and had remained in custody for more than nine months before his bond was reduced from $100,000 to $5,000 and he was released. Shortly before they were set to go to trial on the original count in September 2016, Miller said prosecutors added a second count.
Miller said the second count stemmed from Willard and the victim "sneaking out of school" two days after the initial encounter and going into the woods behind the school where the victim again performed oral sex on him.
He said both incidents apparently came to light after the victim bragged about it to a friend on Snapchat and the friend told other people and the victim's parents found out.
Miller said Willard had "never been in trouble" before the incidents, but "he had a horrible upbringing." He said he didn't feel Willard "had the mental capacity to take advantage of the victim" but couldn't risk going to trial.
He said Chief Deputy Prosecutor Joe Graham made the offer of reducing the charge to second-degree sexual assault if Willard would take the maximum of 20 years on each count, for a total of 40 years. Willard would have been eligible for parole in about seven years with credit for time served.
Miller said he made a counter offer of 15 years on each count, to run consecutively, for a total of 30 years, with Willard eligible for parole in about 4 and a half years.
Graham said Tuesday he consulted with the victim's father and they were willing to agree to the second offer since the victim wouldn't have to testify. "She wasn't too keen on testifying," he said.
He noted Willard will have to register as a sex offender from now on upon his release and was permanently barred from any future contact with the victim.
Local on 04/26/2017