A mentally handicapped Farmington man who pleaded guilty to sexual abuse of a child had his one-to-15-year prison sentence stayed Tuesday and was ordered by a 2nd District judge to spend one year in home confinement under intense supervision by his parents and probation officers.
Brent Davis, 298 Cobble Creek Road, was initially sentenced to prison and fined $10,000, the maximum, by Judge Rodney S. Page. But on recommendation of Adult Probation and Parole, the judge stayed all but $500 of the fine and ordered Davis, 33, to spend a year in home confinement at his parents' house.Davis will be allowed out of the house only to go to work and counseling sessions, the judge ordered, and will be under intense Adult Probation and Parole supervision. The judge also said he will review the sentence in 90 days.
Davis was charged with sodomy upon a child, a first-degree felony that carries a five-year-to-life prison term and a minimum mandatory term of 5, 10, or 15 years.
He underwent nearly three months of evaluation by Davis County Mental Health to determine if he is capable of understanding the charges against him and assisting in his defense, then a second evaluation to determine if he suffers from sexual deviancy.
The evaluations determined that Davis is below average in intelligence but capable of understanding the charges and does not have any sexual deviancy problems, according to prosecutor Carvel Harward.
On the strength of those evaluations, defense attorney Stephen Oda worked out a plea bargain with the Davis County attorney's office, with Davis pleading guilty to the lesser sexual-abuse-of-a-child charge.
Oda said he believes the Adult Probation and Parole-recommended sentence is good for Davis and appropriate. Davis has no prior criminal record, has a good work record, and responds well to proper guidance, Oda said.
Page said he believes Davis, with proper supervision, can remain and function in society and that prison is not the right place for him, fearing he would be victimized there.