Coeur d’Alene man sent to treatment program for lewd conduct

COEUR d’ALENE — A man will spend up to 21 years in prison for sexually abusing three younger children when he was between the ages of 13 and 15 years old. 

Josiah E. Bryan, 31, pleaded guilty to three counts of lewd conduct with a child under the age of 16, all felonies punishable by a maximum of life in prison. There is no mandatory minimum sentence for the crime of lewd conduct.

First District Judge John Cafferty sentenced Bryan on Tuesday to 21 years in prison and opted to retain jurisdiction in the case. This means Bryan will spend a year in a prison treatment program, called a rider, after which the court will decide whether to place him on probation or send him to prison to serve the rest of his sentence. 

Before handing down the sentence, Cafferty acknowledged the “egregious nature of what transpired.” He said the case was complex and required the court to sentence an adult for acts he committed as a child, 17 years after the fact. 

“I’ve done probably thousands of sentencings,” he said. “I don’t know if this is the hardest, but it’s got to be up there.” 

In November of last year, prosecutors charged Bryan with three counts of lewd conduct. He was accused of sexually abusing three children in Kootenai County between 2007 and 2008. The children were between the ages of 4 and 14 when Bryan abused them, according to court records. 

“What Mr. Bryan did as a 14- and 15-year-old boy was predatory in nature,” prosecuting attorney Molly Nivison said. “This is far from what our office would usually see as a juvenile offense.” 

Sean Walsh, Bryan’s attorney, said his client has committed no other crimes since 2008. Since then, he has graduated from college, served in the U.S. Army and raised a family. More than 70 people submitted letters to the court in support of Bryan, his attorney said, including family, friends and members of his church community. 

“He’s led a life that he can be proud of,” Walsh said. 

Bryan’s attorney argued that he has been punished for his actions already with the loss of his career in the military and lifetime status as a sex offender. 

A psychosexual evaluation found that Bryan is a “below average” risk to reoffend, compared to other known sex offenders, prosecutors said.

Bryan wore a military dress uniform as he addressed the crowded courtroom. He said the acts of sexual abuse were “isolated incidents committed by a selfish child” and don’t reflect the person he has become in adulthood. 

“I stand before you as a 31-year-old man and not the 14-year-old boy who committed these acts,” he said. 

In crafting the sentence, Cafferty said he considered letters submitted by the victims in which they said they don’t want to see Bryan imprisoned and asked the court to show mercy. 

Cafferty said the rider will give Bryan the opportunity to demonstrate if he has truly changed. 

“He has done everything right for 17 years, but it doesn’t absolve him of the acts he committed,” Cafferty said.