By DAMIEN FISHER, InDepthNH.org
Former YDC staffer Bradley Asbury is likely going to spend most of the rest of his life in prison after he was sentenced Monday to at least 20 years behind bars for his role in the rape of a child.
Hillsborough Superior Court-North Judge William Delker sentenced Asbury, 70, of Dunbarton, to two consecutive terms of 10 to 20 years in state prison, saying Asbury’s “sadistic” crime warrants the full force of the law.
“You crossed a line that cannot be crossed,” Delker said.
Asbury was the first former Sununu Youth Services Center, then called YDC, staffer to be convicted for his role in the wide-spread physical and sexual abuse scandal inside the state agency that was supposed to protect children.
A jury found Asbury guilty on two counts of being an accomplice to the 1998 rape of former YDC resident Michael Gilpatrick, then 14. Gilpatrick testified that Asbury, then the supervisor inside the residential unit, helped hold him down while two other staffers raped him.
Asbury’s conviction could be a blow to the state as it defends itself against several hundred civil lawsuits brought by adult YDC survivors. Asbury was a house leader inside YDC, supervising other staff and in charge of disciplining children in his care. He’s been accused in the civil lawsuits of using terror, physical violence, and sexual violence, to keep order inside the facility with the knowledge of his supervisors.
Asbury was fired from a pre-YDC facility in 1994 after he was found to have mistreated the children in his care, abused his authority, falsified records, and prevented abuse from being reported through fear of retaliation, according to records made public last week.
Asbury later got his job back.
Gilpatrick said the state knew years before he was raped that Asbury was mistreating the residents inside YDC.
“Brad Asbury was the direct supervisor and ringleader of the rapists who brutalized vulnerable, traumatized, emotionally disabled boys from dysfunctional homes who were placed in state custody for therapeutic and rehabilitative purposes,” Gilpatrick said in a statement. “In my mind, there are few human acts more evil and blame worthy than what he did, or more deserving of a strong sentence to deter others who might be tempted to ever do likewise.”
Earlier this month, Stanley Watson was convicted on charges he raped two teen girls inside YDC. He has yet to be sentenced.
It’s so far been a mixed bag for prosecutors bringing criminal charges against the YDC employees accused of abuse. The first trial against Victor Malavet ended in a hung jury, as did the trial against Stephen Murphy, one of the men accused of raping Gilpatrick. The state has already signaled its plans to retry Malavet, and it is likely to keep prosecuting Murphy, as well.
The state’s YDC Task Force investigation resulted in 11 arrests, though it has largely stopped investigating the scandal despite hundreds of alleged abusers named in the civil lawsuits.
Of the 11 suspects, two won’t face justice. Suspect Frank Davis was deemed incompetent to stand trial due to age-related dementia, and suspect Gordon Thomas Searles died in July.
Before he was led away to start his sentence, Asbury said in court he plans to appeal the convictions.
Attorney General John Formella said, “Today’s sentence underscores the gravity of Mr. Asbury’s actions and sends a clear message that this type of conduct will not be tolerated in New Hampshire. I want to acknowledge the bravery of the victim in this case who came forward to testify. His courage was integral to achieving justice in this case. I also extend my sincere thanks to the trial team for their tireless efforts and unwavering commitment. We will continue our work to seek justice for YDC victims.”