Brandin M. Deoliveira, the 30-year-old former manager at Captain’s BBQ arrested two years ago on five counts of unlawful sex with a minor–an employee at the restaurant–was sentenced today to six months at the local jail followed by eight years of sex-offender probation and a lifetime designation as a sex offender.
The sentence, pronounced by Circuit Judge Terence Perkins, was a significant reduction from the lowest-permissible sentence Deoliveira was facing, and the sort of sentence typically pronounced in such cases locally: at least five and a half years in prison, according to his punishment scoresheet, and a maximum of 15 years.
“This one obviously is a good bit lower than that but is followed by a significant and longer period of time on sex-offender probation,” Perkins said.
When Perkins asked the victim’s mother if there was anything she wanted to add during today’s brief sentencing hearing, after she had addressed Deoliveira somewhat directly (Deoliveira was in the courtroom with his attorney and Perkins, she and the victim were on Zoom), she said: “Other than I wish he could go away forever, but that’s not the case.”
The sentence was nevertheless the result of a plea deal and close consultation between Assistant State Attorney Melissa Clark and the victim and her family.
“Obviously we’ve had a lot of conversations about this case over the last several years, in addition to conversations about how the case was going to resolve,” Clark said, addressing the mother. “You knew what the sentence is going to be, and you’re in agreement with the sentence after everything we’ve discussed, is that right?”
“Yes, I am,” the mother said.
“I just really hope you know what you’ve done, Brandin,” she told him, “I really hope you do. There’s really nothing else to say.”
The victim was 16 and 17 at the time of the offenses, when he would take the girl to beach points in marineland or the Hammock for sex and acts that became violent on his part, according to his arrest report. The victim reported he became increasingly aggressive, at one point slapping and choking her–and threatening her. She reported to detectives that he threatened to kill her and her family if she reported the sex, and at one point made her hold his gun, which authorities found in his car. The gun matched the description the girl had provided.
The case was moving slowly through discovery, pre-trials, the taking of deposition and even docket sounding at the end of November, when a trial was to be scheduled, before the two sides agreed to a plea. Along the way, Deoliveira’s private attorney withdrew, citing non-payment of fees, and was replaced by Assistant Public Defender Bill Bookhammer.
The mother’s indicting words to Deoliveira bore a severity that was not reflected in the sentence.
“Brandin,” she told him, “I can remember one of our first conversations. It was at a Crossfit competition, and you had just won a beginner’s class. I went up to congratulate you, and your response to me was, I don’t do anything that I don’t know for sure I’m going to win. I thought at that point in time it was a rather pompous and arrogant response. But I can tell you, it’s something I have not forgotten. You became a friend of our family. We invited you into our home. We invited you into our lives. We trusted you….”
Her voice broke, as if would again. There was a pause before she resumed, “… to take care of our daughter, when you gave her a job at the restaurant you worked in. But you pretended all along. You gained our trust. You gained our daughter’s trust. And you fooled us. You took advantage of a young girl that looked up to you, a girl that believed she could trust you, because her parents trusted you. I failed my daughter, because I didn’t think something like this would happen. I wasn’t able to protect her, because I never imagined a person that we called a friend, a man that we did so much with, could be raping our daughter when we weren’t around. I want to go back to our first conversation and your statement of ‘I don’t do anything that I don’t know for sure I’m going to win.’ Well, you didn’t win this, Brandin, you are a despicable human being, and I am ashamed to have known you.”
Deoliveira stood at the podium masked, in a white shirt, looking to his right at one of the courtroom’s large screens. He had come to court on pre-trial release (his bond, which he posted within days, had initially been set at $100,000). He did not address the court, was taken into custody to serve his six-month stint, minus three days’ credit for time served.
After the victim’s mother’s statement, Perkins adjudicated Deoliveira guilty on a single second-degree felony count of unlawful sex with a minor, the other four counts having been dropped as part of the deal. On paper, the conditions of sex-offender probation are severe: mandatory curfew from 10 p.m. to 6 a.m., prohibition from living within 1,000 feet of a school, day care center, park, church or other places where children gather, prohibition on contact with the victim or with any child under 18, his own excluded, restrictions on where he may work (no schools, day care centers, theme parks, playgrounds, pet stores, libraries, malls), and no internet except for work.
He may not drive alone without his probation officer’s approval, and must maintain a driving log. While on probation he’ll also be required to submit to random, warrantless searches, polygraph tests and electronic monitoring whenever his probation officer decides. He’ll also join the sheriff’s list of residents prohibited from distributing candy on Halloween.