Yesterday (Sept 30), Circuit Judge Steve Henderson sentenced Brian ROTH (39), to eight (8) years in state prison after a Brevard Jury convicted him July 22, 2021, on one (1) count of Unlawful Sexual Activity with a Minor (F2). The defense argued for a downward departure on the minimum sentence of 3 years, however Judge Henderson denied that, imposing the longer term and ordering fines and court costs totaling $602 dollars. ROTH was credited with 108 days for time served and will be required to register as a sexual offender when released.

 

After a six (6) day trial with evidence presented by Assistant State Attorneys Donavan Wagner and Kari Kies, the jury deliberated just under 2 hours before returning with the guilty as charged verdict.

 

On August 8, 2015, Palm Bay Police reported they began an investigation into allegations that ROTH had engaged a 17 year-old girl in sexual activity. When contacted about the allegations, ROTH invoked his right to an attorney and refused to speak with investigators. Based on interviews and physical evidence gathered in the case, investigators were able to obtain a search warrant for ROTH's DNA and successfully matched it to evidence collected at the time of the offense. ROTH was arrested on a warrant August 10, 2016.

 

ROTH was remanded into custody and will be held at the Brevard County Jail awaiting transfer to the Florida Department of Corrections to begin serving his sentence.