Boise Sentence Finalized Following Arrest – Rape Charges Get 20 Years

   Written by on January 25, 2018 at 11:28 am

Boise sentence finalizedLUNENBURG – An Alford plea deal saw a 20-year sentence for a Charlotte County man reduced by 17 years in Lunenburg County. An investigation that led to the arrest of Brian Devon Boise initially was carried out June 2, 2017 and ended with this recent conclusion.

Boise faced charges that he committed rape by having sexual intercourse with a child less than 13 years of age. The warrant indicated that the events leading to these charges took place between the dates of February 1, 2011 through August 31, 2014. At that time Boise lived in Lunenburg County, but was listed as a resident of Charlotte Court House when the arrest took place last summer.

An Alford Plea is a guilty plea of a defendant who proclaims he is innocent of the crime, but admits that the prosecution has enough evidence to prove that he is guilty beyond a reasonable doubt. It is entered when an accused, together with his attorney, has made the calculated decision to plead guilty because the evidence against him is so strong that it will likely lead to conviction.

Boise was nol prossed on 17 charges of the above charges and an additional 13 charges of carnal knowledge of a victim. Nolle prosequi is a Latin phrase meaning “will no longer prosecute” or a variation on the same. It amounts to a dismissal of charges.

Boise will have supervised probation for three years following his release from prison and must have good behavior for 20 years. He will be subject to warrantless searches for five years following his release and he will not be allowed to loiter within 100 feet of locations where children are, such as schools. In addition to these conditions, Boise can have not contact with the victims and their family and is not allowed to be alone with any female under the age of 18 without supervision. He must also comply with the requirements outlined as a registered sex offender.

The initial warrant of arrest stated that Boise unlawfully and feloniously violated Section 18.2-61, which reads “18.2-61. If any person has sexual intercourse with a complaining witness, whether or not his or her spouse, or causes a complaining witness, whether or not his or her spouse, to engage in sexual intercourse with any other person and such act is accomplished (i) against the complaining witness’s will, by force, threat or intimidation of or against the complaining witness or another person; or (ii) through the use of the complaining witness’s mental incapacity or physical helplessness; or (iii) with a child under age 13 as the victim, he or she shall be guilty of rape.”

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