Brian Smith
Despite being sentenced to a year in prison, Brandon Clay Rousey will be free on probation after less than two months in custody following a hearing Thursday in Madison Circuit Court.
Madison Circuit Judge William G. Clouse granted Rousey’s motion for shock probation after approximately 50 days in prison for his guilty plea to a single count of unlawful use of electronic means to induce a minor to engage in sexual activity.
Rousey would have been parole-eligible after 55 days in prison according to state parole guidelines, Clouse said during the hearing. He was initially lodged in the Madison County Detention Center following his sentencing, but was transferred to the Leslie County Detention Center in mid-October.
Under the terms of the three-year probation, Rousey is on a curfew that allows him to travel to and from work, will be monitored by an ankle bracelet and is barred from having any contact with minors, including visiting any school, attending a school-related activity or participating in a community group where minors are present.
Clouse also prohibited the use of e-mail, text messaging, social networking sites such as Facebook and MySpace and other electronic communication, but Rousey is allowed to own a cellular phone.
Under the terms of the probation, Rousey will be monitored by ankle bracelet for a minimum of one year, and must attend regular counseling sessions with his minister, a requirement asked for by Rousey’s attorney, Wes Browne.
Prosecutors had opposed probation entirely, and Assistant Commonwealth’s Attorney Jennifer Hall Smith said in a memorandum filed with Clouse’s office that prosecutors felt that because Rousey was in a position of authority when he committed the crime that granting probation would depreciate the seriousness of the charge.
Rousey was working as a volunteer at Madison Middle School in 2008 when he sent sexually explicit text messages to a 13-year-old female student at the school.
Smith had sought a minimum of 60 days in custody before probation, a request Clouse chose not to grant. However, Clouse did choose to impose the three-year term Smith had sought for any probation.
“You’re a young man, and you’re going to live the rest of your life trying to live down this despicable act,” Clouse told Rousey during the hearing.
Rousey is required to register as a sex offender for 20 years following his release, and must comply with all registry requirements as a condition of his probation.
Brian Smith may be reached at bsmith@richmondregister.com or at 624-6694.
