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Brandon Scott Price, a former jail guard, was ordered by a Kentucky judge to join the military rather than serve time for sexually abusing a female prisoner.
A judge in Kentucky offered a man convicted of sexual assault the chance to rejoin the military in lieu of jail time.
Brandon Scott Price worked as a guard at the Franklin County Regional Jail where he was convicted of sexually abusing a female prisoner.
Military regulations prevent applicants from being court-ordered into service without a waiver.
A judge in Kentucky ordered an Army veteran convicted of sexual assault to either rejoin the military or go to jail, The State Journal reported Friday.
Brandon Scott Price, a former prison guard, was convicted of sexually abusing a female prisoner. Price was initially charged with third-degree sodomy, which is a Class D felony, but he pleaded down to a lesser charge of second-degree assault, a Class A misdemeanor, his attorney told Insider.
The State Journal of Frankfort, Ky., reported that Judge Thomas sentenced Price to a year in jail, but suspended it for two years if he enlisted in the military within 30 days.
You can report to the Franklin County Regional Jail if you don't enroll in 30 days. "You are in danger, young man." You have to do it.
Despite the judge's request, enlistments are subject to military regulations that would require Price to seek a waiver for his sexual assault conviction from military officials. The military has spent a decade trying to limit sexual assault among troops.
A female prisoner filed a lawsuit against Franklin County and several former jail staff, including Price, in July of 2019.
The lawsuit states that in January of this year, the prisoner had a medical emergency and needed to be taken to the hospital.
The lawsuit said that Price volunteered to transport the prisoner to the hospital after his shift ended. In violation of Jail policy and industry standards and practices, the price was used to transport the prisoner alone.
The lawsuit alleged that Price stayed with the prisoner for five hours at the medical center and made sexually charged comments to her.
According to the suit, Price pulled the van he was driving over and attacked the woman on the way back to the prison. Price is accused of propositioning the woman with an offer to help her get early release in exchange for sex, and then attacking her while she was in handcuffs.
Price said he made a mistake and let a female prisoner touch him. He was arrested after an investigation.
"You're getting a huge break," Wingate said during Price's sentencing. You made a terrible mistake and it cost the county money.
Judges are free to make these determinations, but they have very little legal weight.
Army Regulation 610-210 states that an application is ineligible if they are ordered or subjected to a sentence that implies or imposes enlistment.
To apply for a Waiver, applicants must demonstrate "sufficient mitigating circumstances that clearly justify approving the Waiver." The history of these waivers is not clear. Drug offenses, violent felonies and sex offenders were granted moral waivers by the military during the War on Terror. Steven Green, who was a beneficiary, had three convictions before he enlisted in the Army and ended up at the center of a notorious war crime in Iraq.
The judge decided on the terms of his punishment because Price served in the Army, according to his attorney.
"It is not uncommon for judges to put unique conditions like this based on the defendants that are in front of them and create conditions that will best serve them to stay on the straight and narrow," Whitney Lawson, an attorney for Price, told Insider. This one had the military element to it.
It has been difficult for Price to start the process of renlisting.
The problem is that you can ask ten people if he can reenlist and they will give you nine different answers, so we're trying to work through that.
It's unlikely Price would be granted a waivers for his get-out-of-jail-free card, but this isn't the first time a judge or lawmaker will equate jail with military service. In December, Florida Senator Darryl Rouson. The bill was filed in the state legislature to allow those convicted of non-violent crimes to serve their time in the military.
Business Insider has an original article.
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