(Juneau, AK) – Juneau Superior Court Judge Amy Mead sentenced 43-year-old Brandon “Andy” Burrell, of Petersburg, on Wednesday to 45 years with 25 years suspended, or 20 years to serve for a 2020 sexual assault in the second degree.
Burrell was also sentenced to serve five years for a conviction of criminal mischief in the third degree, which will run concurrently to the sexual assault conviction as well as 60 days to serve for a conviction for unlawful contact, which will run consecutively, for a total active time of 20 years and 60 days to serve.
Burrell was convicted of sexual assault in the second degree, criminal mischief in the third degree, and unlawful contact after a trial in Petersburg in September 2022. Burrell has six prior qualifying felony convictions under Alaska law and was subject to a range of 20 years to 99 years with a presumptive range of 20 years to 35 years.
This was the third sentencing hearing held in this case. At the initial sentencing hearing on April 17, 2023, Judge Mead found that five aggravating factors applied to the case:
- One of the defendant’s prior felony convictions was of a more serious class of offense than the present offense
- The defendant’s prior criminal history included conduct involving aggravated assaultive behavior and/or repeated assaultive behavior
- The defendant had three or more prior felony convictions
- The offense was a felony crime against a person and was committed against someone whom the defendant has a dating relationship or with whom the defendant has engaged in a sexual relationship
- The defendant was on probation or parole for another felony charge or conviction at the time of the offense
Because she found the aggravating factors, Judge Mead was authorized to sentence Burrell to up to 99 years.
Judge Mead also found that a mitigator applied—that Burrell’s conduct was among the “least serious” conduct barred by the sexual assault in the second-degree statute. At the initial sentencing hearing, Burrell argued that even a 10-year sentence would be “manifestly unjust” in this case and asked Judge Mead to refer his case to a Three-Judge Sentencing Panel. The panel of judges is from around the state who can hear a matter where the sentencing range set by statute would be inherently unfair to a particular defendant.
A Three-Judge Panel comprised of three Superior Court Judges: Nathaniel Peters (Bethel), Paul Roetman (Kotzebue), and Cathy Easter (Anchorage), convened on July 14, 2023. The Three Judge Panel declined to accept the case, highlighting the vaginal injuries inflicted on the victim were unusual in this type of case, making it “…more serious than had there been sexual contact without injury. Evidence of physical injury distinguishes Mr. Burrell’s case from the cases referenced in Judge Mead’s order of referral where injury was not present.”
When the Panel declined to hear the matter, the case was sent back to Judge Mead for sentencing. At the final sentencing hearing, Assistant Attorney General Bailey Woolfstead requested Judge Mead to sentence Burrell to 50 years to serve for the sexual assault conviction. Ms. Woolfstead outlined the facts of Burrell’s numerous prior convictions along with his failure to successfully complete probation in any of his prior convictions. Ms. Woolfstead argued that Burrell has guarded prospects for rehabilitation and highlighted that the court’s numerous previous attempts to deter him from engaging in a variety of criminal behavior have failed. She argued that a significant sentence was necessary to protect the community from Mr. Burrell as well as to express the community’s condemnation for both sexual assault and domestic violence. Ms. Woolfstead argued that the power and control dynamics inherent in this case, along with the significant vaginal injury to the victim and the defendant’s extensive criminal history, justified a lengthy sentence.
The victim did not attend any of the sentencing hearings but submitted an impact statement. “It is best for me to continue on the path of healing I am currently on, and not to step back into the courtroom, but I would be doing myself a disservice not to admit the toll this has taken on me or my path in life.” She discussed at length how Burrell harmed her, stating, in part, “I don’t know how you get justice for what I’ve lost, what we’ve all lost. I lost my sense of safety, security, peace of mind and sense of self. … I know this has been an experience I would not wish upon anyone. Today I’m choosing to no longer be a victim but a survivor.”
The defense requested the court impose a sentence of 10 years to serve, likening the case to a misdemeanor domestic violence assault.
In handing down sentence, Judge Mead noted her difficulty in reconciling the person she sees in the courtroom with who Burell is on paper. She found that the presumptive term addressed Burrell’s criminal history and placed Burrell on probation for a period of 15 years with numerous conditions requiring him to participate in a batterers intervention program, sex offender treatment, and substance abuse treatment. Burrell will be required to register annually as a sex offender for 15 years after his discharge from probation.
The case was prosecuted by Assistant Attorney General Bailey Woolfstead of the Office of Special Prosecutions Rural Prosecution Unit.
# # #
