Brian Young was sentenced in Pulaski County Superior Court Monday after pleading guilty in a plea agreement with the State to two Level 6 Felony counts of voting outside precinct residence. The sentence would be at the discretion of the court.
Special Judge Jonathan Forker presided over the case where Special Prosecutor John Meyers called two people with statements. Pulaski County Clerk JoLynn Behny and Pulaski County Election Board member Jessye Gilley spoke about the impacts of Young’s actions at a height of the lack of voter confidence in the election process. Questions about the receipt of documents in the Clerk’s Office were posed, but Behny said the law was followed at the time of registration. They both said they were satisfied with the plea agreement in that no jail time would be executed. They also asked that Young not be allowed to file for office during any term of sentence imposed by the judge.
Young’s Defense Attorney Anthony Churchward called Emily Hizer who spoke about Young’s character. Young has been her boyfriend for 14 years and her caregiver with her failing health. She said that he had no malicious intentions.
Young made a statement where he said he deeply regrets his actions and wants to move forward from this case. He apologized to the citizens of Pulaski County and for producing any doubt on the procedures in the elections or county government.
Judge Forker took aggravating and mitigating circumstances into consideration . He noted that an aggravating circumstance is the impact on the citizens of Pulaski County and that the citizens “deserve better”. Even though Young has no previous criminal record and that he admitted what he did was wrong, Judge Forker believed that the aggravating circumstances outweighed the mitigating circumstances.
Judge Forker did accept the plea agreement where Young pleaded guilty to two counts of voting outside a precinct residence. On count 1, Young was sentenced to 1.5 years in the Department of Corrections with all of the sentence suspended to be served on probation. The first 90 days will be served under home detention. For the first six months and every six months after that, Young will perform 40 hours of community service. Young was also ordered to write a letter of apology to the citizens of Pulaski County and to the Pulaski County Council.
On count 2, Young was sentenced to 1.5 years in the DOC with all of the sentence suspended to be served on probation.
Both counts will be served consecutively for a total of three years.
As a part of the plea agreement, Young may not file to run for any office while serving his sentences. Upon successful completion of the sentences, Young may petition the court to reduce the felony counts to misdemeanors.
Other counts of theft, official misconduct, and perjury were dismissed.
