Sex offender is sentenced
A convicted sex offender who promised “to never do it again” will spend up to three years in state prison.
Brian M. Stivason, 28, was sentenced last week on two new allegations: One that he failed to properly report information about himself in compliance with the terms of the state’s sex offender’s laws. And in another, he pleaded guilty to simple assault in a case where an 8-year-old girl told a Butler County Children & Youth Services caseworker that he had struck her in the genitals, according to court documents.
For those two cases combined, Butler County Judge William Shaffer sentenced Stivason to serve up 1 to 2 years in prison, plus six years of probation.
Assistant District Attorney Patricia McLean successfully argued for a lengthy, corresponding jail sentence because the new allegations occurred while Stivason was on parole.
Stivason was sentenced in 2013 on a conviction of corruption of minors for asking a 12-year-old girl he met through Facebook to send him naked photographs of herself. The girl denied the request.
He was sentenced to serve up to a year in jail, but was immediately paroled because of time served.
“He was sentenced Feb. 11 and ordered to have no contact with minors. By March 27 he was rearrested and the allegations occurred even earlier,” argued McLean. “Not only did he have a presence but this contact was hands on.”
Stivason’s attorney Joseph Smith argued that the defendant’s punishment should be mitigated to supervision in the community because the Stivason has mental health issues.
Stivason in court pledged not to offend again, and asked for a sentence of community service.
But McLean responded, “We can’t supervise him. (If we free him) we are setting him up to fail and setting him up to hurt someone else in the community.”
The judge apparently agreed, sentencing Stivason to a 18 to 36 month state prison sentence to run concurrently with the new cases.
