Man convicted of indecent exposure
A Waynesville man was recently sentenced to spend up to three years in jail for exposing himself to children in his neighborhood in July.
A distressed mother told police that Kevin Edward Brisbane, 25, had been standing naked at an open window in his trailer performing lewd acts while two 5-year-olds were playing in the yard nearby.
He also threw rolled up pornographic images, which were weighed down with rocks, out the open window at the children, according to police reports.
When questioned by police, Brisbane said he had been drinking alcohol and had not seen the children outside.
He was arrested and later indicted by a Haywood County Grand Jury on six felony indictments including indecent liberties with a child and indecent exposure.
When arrested on those indictments, police found him sitting in the covered area at the Waynesville Recreation Park.
Lt. Chris Chandler with the Waynesville Police Department said the case was so unusual, he began to research Brisbane shortly after his arrest and found he had served time in Florida for similar charges.
According to the Sun Sentinel in Florida, in August 2005, Brisbane was caught attempting to break into the bedroom where a 4 and 6-year-old were sleeping.
The children’s parents called authorities when they found Brisbane, who was 19 at the time, naked and performing a lewd act with his face pressed against the glass.
In 2006 he was sentenced to six months in jail and completed five years of sex offender probation after pleading guilty to attempted burglary of an occupied dwelling, indecent exposure and voyeurism.
The article also notes that during court, Brisbane said he had been drunk and could not remember the incident.
A forensic sexology therapist told the judge at the time that she considered Brisbane a low risk to offend again, according to the Florida newspaper, and that he had an alcohol problem that needed to be addressed.
“What was very concerning to us was the similarity in the cases,” Chandler said.
In Superior Administrative Court last week, Brisbane pleaded guilty to two counts felony indecent exposure to a child and two counts disseminating obscene material.
Superior Court Judge Brad Letts combined the charges into two judgments and sentenced him to serve eight to 19 months in the North Carolina Department of Corrections for the first two charges. For the second judgment, he will serve another eight to 19 months in jail to run consecutively to the first sentence, with 72 days jail credit.
Pursuant to the plea arrangement, the state dropped two counts of indecent liberties with a child.
Letts recommended him for work release, sex offender treatment, substance abuse treatment programs, job training and mental health treatment while in custody.
He was not recommended for a program which would allow him to serve a shorter sentence based on good behavior.
During the sentencing, Letts allowed the parents of the children to make a statement.
"I want to make sure this doesn't happen again," said one mother. "It shouldn't have happened to my child."
"I'm sorry for the events visited on your children and your family," Letts told the parents. "Your concerns have been heard and I extend my deepest sympathies. I'm sorry we had to meet under these circumstances."
Whether he will be required to register as a sex offender will be addressed at a later date.
Chandler said law enforcement and the family of the child victims were satisfied with the plea arrangement and sentence. But he hopes this means Brisbane won’t commit the same crime again.
“We want to make sure that if sex offenders move away from here that we get them on that list and law enforcement can track them across the nation,” Chandler said.