Stop me if you have heard this one before – a high profile case in which the defendant is facing dozens of felony charges and a potential life sentence, but, following a plea agreement, likely will not serve any time in prison.
The case of 37-year-old Troy Hensley, a former JV football coach at Dixon High, is one of those. Mr. Hensley was arrested in June and held to answer in August on charges that he carried out a lengthy sexual relationship with a then 17-year-old student for four months while she was underage.
Judge David Rosenberg, despite holding Mr. Hensley to answer for all of his felony charges, suggested that this case was ripe for some sort of plea agreement. Following the preliminary hearing, however, the DA suddenly added additional charges, reasoning that the illegal sexual contact had begun earlier than the DA originally charged. Mr. Hensley faced 44 felonies at this point.
However, last week, Mr. Hensley, now 38, admitted to three of those 44 charges against him, two counts of unlawful sexual intercourse with a minor and one count of digital penetration. The remaining 41 counts, including dissuading a witness and criminal threats, considered the most serious charges against him, were dismissed under the plea deal.
Taking that plea, Mr. Hensley does not face mandatory sex-offender registration – the court could opt to order registration, but only during the probation period.
The facts of this case would have made it difficult to prosecute. The alleged victim claimed that she had engaged in an increasingly sexual relationship with Troy Hensley that began months before she turned 18 and continued until she was well past 18 years of age in April, 2013 – a total of 11 months. She claimed he made threats to her not to disclose the relationship.
During the preliminary hearing, defense attorney Stephen Sabbadini was able to note the discussion with the alleged victim and Davis Police Corporal Keirith Briesenick, who warned her that the criminal threats were the most felonious conduct and that the sex charges were wobblers (may be charged as misdemeanors).
The threat charges, dissuading a witness and criminal threats, were going to be nearly impossible to prove. The most serious allegedly occurred on a couch of a hotel room in Davis in March, in which he told her that he would kill her, her family, his family, his kids, his wife, if they found out about the relationship.
At first the alleged victim indicated that there were threats via text message. However, Mr. Sabbadini would be able to get her to acknowledge that no threats occurred via text message. There appear to be no witnesses to the actual threat, though Corporal Briesenick was able to note from her taped conversation with the alleged victim in May that she made those allegations.
However, Mr. Sabbadini would call the veracity of these threats into question, showing with graphic sexual text messages read into court that, when Mr. Hensley attempted to break off the relationship, she begged him not to.
While the sex with a minor charges are corroborated by the evidence of extensive hotel stays by Mr. Hensley, the threat charges are based only on the testimony of the alleged victim, who acknowledged dishonesty, inconsistent accounts and inconsistent conduct and comments via text message.
Given the inconsistencies in her accounts and her text messages that show her begging him to stay with her, it would have been difficult for a jury to conclude that threats of the severity alleged had occurred here.
As we noted during the preliminary hearing, putting the entire case together, it might be difficult for a jury to convict on the threat charges, as Mr. Sabbadini would imply in arguing against a holding order.
However, Judge Rosenberg argued that the alleged victim’s testimony was clearly sufficient for a holding order, and denied at that time the motion to reduce charges to misdemeanors, but he noted that this case seems appropriate for a resolution short of trial.
The bottom line in this case is that there is little doubt that the inappropriate sexual contact occurred. There is a mountain of evidence that Mr. Hensley engaged an inappropriate sexual relation with a young girl over whom he was in a position of some authority. And while most of the evidence seems to have been from after the point that she turned 18, there is enough evidence with the hotel visits that a jury would have convicted on some of the charges.
The critical question with these serial sexual relations cases is the appropriate way to charge a case. By stacking 44 charges, the years in custody quickly would have outweighed the severity of the crime.
Some people will undoubtedly argue that the current plea agreement creates too lenient a penalty, others will note that the original charges would have created far too harsh a penalty.
However, the very public nature of these charges will have a profound impact on Mr. Hensley’s future, especially in a town like Dixon where everyone seems to know everyone else.
—David M. Greenwald reporting
Some parents won’t like this, but I agree. He should not have to register and I wouldn’t be afraid to have him as a neighbor, he is not a dangerous threat. Maybe a heart breaker, who showed horrible judgment, but not a dangerous threat to society.
That said, I’m sickened for many Californians who are also no threat and are on the sex offender registry for the rest of their life, even when their charges get expunged.
No disrespect intended for for Megan Kanka.
This man is white. Ajay Dev is not white.
It is surprising that the age of consent in California remains 18. It most of the country, where it is 16 or 17, he would not have faced any charges at all. It hardly seems fair.
44 counts. Just trying to get cash for convictions. Shame on them.
Hey Vangaurd Did Sabbatini write this story for you.. Sure sounds like it.. It also sounds like you condone his behavior of having sex with an under age girl.
The D.A. charged this becuase they knew he has a slick lawyer that would get him off scott free. Nothing unusual about this. The DA did a good job getting a felony conviction for this Creep
Pretty disturbing how you can let Attorneys that pay your bills write your stories. This publication is obviosly a rag and mouthpiece for the people who advertise with you.. Your pathetic.
Haven’t spoken to Sabbidini about this case in months. I watched the prelim and the assessment is based on that.
This column isn’t so much about this case as it is the general charging practices of the district attorney’s office.
The rest of your post is quite funny, we get a very small amount of our overall budget in advertising.
Just because he wasnt convicted of Harrasment and threats does not mean it did not happen Because you know it did.. He is known to be violent also. If it was going to be impossible to prove then why didnt he go to trial and answer to that charge..?? Hey Sabbatini you may be able to foll the people who read this rag but you know the truth . Stop using this rag to defend your disgusting client. And as for as the Vangaurd.. your a Joke letting the attorney write your stories.. Sure sounds like bias to me.
Easy for you to say now it would have been impossible now but you know as well as I do the truth comes out and a jury would have listened and made up their own mind based on testimony frommthe witness. Good job getting the scumm off and allowing it to happen again.
“The D.A. charged this becuase they knew he has a slick lawyer that would get him off scott free. Nothing unusual about this. The DA did a good job getting a felony conviction for this Creep “
Tell that to the people spending hundreds of years for minor or non-existent crimes in this county. I worked here for years, cases exactly like this one. The felony will be expunged within three years, for your information.
“Just because he wasnt convicted of Harrasment and threats does not mean it did not happen Because you know it did.”
I only know what came out in the preliminary hearing, and there wasn’t enough evidence there to convict. You have her word, which had credibility issues.
“He is known to be violent also…”
I would suggest you stop making accusations in a public forum unless you can prove them. I understand that this case appears very personal to you, but making accusations that are false in a public forum is called libel. I state again, I have had no contact with Mr. Sabbadini about this case since before the preliminary hearing and then only to get his statement that he sent to the press.
As a parent of a teenage girl, I have no sympathy whatsoever for him! Charge away DA, charge away!!!! All of you saying you would have no problem living next door to him obviously do not have daughters!! And Jimmys Daughter, what the hell does this guy being white and Ajay Dev not have to do with anything???????????????
i’m a little perplexed by your comment, just me.
first, i know david has a daughter, and i think jd said she has one too.
second, there are some specifics in this that would suggest the defendant probably is not a general threat. he used poor judgment on a girl who was a little under 18, i can’t see that leading to the kind of sentence that would have come down if found guilty of 44 charges.
finally, he’s getting off without any time incarceration, so you should be upset rather than happy that he overcharged. basically nothing happened with regards to most of the charges, so why are you saying, charge away?
@ Greenwald and Seigel.
Siegel expunged after 3 years? we will see. You have some inside line on the Judge?
Greenwald Its a know fact so I am not worried about a thing. And as far as enough evidence. thats what you said but the defendant opted to plea to Felonies so he would not have to answer to that charge. It would have been damning . And how would you know if there was enough evidence are you the judge, jury and executioner . A jury would have believed the truth. If you think your reporting is not slanted you need to become a used car salesman
@Davis Progressive
Bad judgement. yeah you could say that.. Its a felony for a reason. and he plead guilty to 3 felonies fora reason . He is a felon. and yes this case was ripe for a plea bargain.. You don’t plea bargain a felony just because you used bad judgement and as far as being a threat , you obviosly do not have a dughter.. or maybe you like teenage girls too?
No personal attacks on other blog participants, please. Let’s keep the discussion to the issues.
Davis Progressive..
You call being someone in a “teaching” or coaching position at a High School having a sexual relationship with a student “poor judgement”???? That is far beyond poor judgement!!! That makes him an extreme threat in my eyes! That very well could have been my High School daughter! I am sorry, I do not see how anyone with common sense can defend this “man”! He is a huge threat to any teenage girl around him! Next time, he will just be way more careful to not get caught and that scares the crap out of me!
Don,
I bleieve you were referring to my post? I did not attack anyone personally . I was simply asking a question that I feel may be revelant to the bloggers opinions. I appreciate the oppertunity to voice my opinion . However because mine differes than your regular readers/bloggers my opinions do not seem to be valued the same.
Thank you
Jim
Oh sorry you were referring to my used car salesman post.. I understand and appolagise
Oh Lord. I try to keep my kids out of this. But remarks about my daughter: I won’t let that go.
Screw anyone who thinks I would not give my life right this second for my children. In less than a heartbeat, as%^&e.
My family has been harrassed by violent people, too. Heavily armed law enforcement. And they verbally harrassed a 17 year old granddaughter of a police officer in her home, minding her own go*&&#xne;-) business. And they lied to the daughter of an officer, (me) and they threatened to have CPS come & take my children away, because they did not do their job properly. Screw you.
Jim Stover doth protest too much, methinks.
Hey JimmysDaughter
Why dont you call Troy Hensley? He would probalby be more than happy to console your teenage daughter.
She just Troys age…. Sounds like you have your share of drama too LMAO
OK. Enough.
Your entitled to your opinion just like me. Seems this establishment is a bit biast with opinions by paying attorneys
Further evidence that this so called media outlet is biast. Some of my last post are not on public display or have been deleted and I have not harrassed or attacked anyone. No B+lls yet the lady above with the 17 year old daughter can post what she wants even calling people names.. Good Job Vangaurd Warning me about slanderous post like I live in Nazi Germany and should be worried about the SS showing up at my house . Heave the B*lls to let both sides come out
for JimmysDaughter
I can see why the CPS was involved in your life from the first post on this Blog that you did . Stating you feel comfy having your Daughter live nextdoor to a Convivted Felon ..one who has been preying on daughters of your age… Yeah it makes big sense. Thanks for that lovely story
I have removed and edited some posts. Please keep discussion civil, keep it to the topic of the case itself, and to all participants: please do not directly attack other blog participants.
“Siegel expunged after 3 years? we will see. You have some inside line on the Judge?”
I have tried cases in front of the Judge, but an expungement in Yolo County generally doesn’t come to Judge Rosenberg, it would go to Mock. A lot of times, when people have clean records and clean up their act, they can get a conviction reduced to a misdemeanor and expunged once they have completed their terms of probation.
“You don’t plea bargain a felony just because you used bad judgement “
You will often plea when the punishment for the plea is outweighed by the risk of the exposure you face if you go to trial and get convicted. A lot of times as attorneys you end up in a quandary as to whether to take a chance with murky evidence, even if you believe your client is completely innocent.
” I do not see how anyone with common sense can defend this “man”! “
I’ll butt in here. I don’t think anyone is defending the man or what he did, rather they are trying to come to terms with what the appropriate punishment should be and 44 felonies for sex acts that were largely consensual seems excessive to me.
” I appreciate the oppertunity to voice my opinion . However because mine differes than your regular readers/bloggers my opinions do not seem to be valued the same.”
Mr. Stover, I don’t have a problem with your opinion. I do think you are a little close to the matter however to be objective and I do know that David is pretty consistent in his views of the DA’s office, and unlikely to be swayed because the site is getting a few hundred from Steve.
Don you may just as well delete all of my post . Obviuosly my challenging the creability of the reporting here does not go over well.
Clearly you ar holding the cards and wont post my opinions Your stories are more of a lawyers propganda and a strange way at best to report the outcome on this case.
It was a case about a man having illegal sex with an underage person. Yet your leadership has turned it into some type of lawyers propaganda. You didnt just report about the conviction you reported about the injustice of all of the charges.. and you still want to sit there at your desk and tell me that you are not biast?
Yet a person that can call people names and cus and post her issues is allowed. Very strange I tell you. I understand you do not like my position . it is just to bad you are running your blog like some sort of comminist regieme . Thanks for the halfhearted effort in letting people express their opinions.
Oh Seigel
You know you dont cop to something you didnt do… Spin it anyway you want. He is guilty of a felony 3 . and I have no problem with it only being 3 of the 44. Cause this case was ripe for a plea bargain.. but please you know he threatened her and in a jury trial they would have heard about it and possibly convicted of him if they believed the victim. So I am sory I do not believe for a minute that he plead out due to bad judgement. and bad judgement is a really bad understatement my friend .. its a felony
Jim,
I’m the moderator, not the blog owner. I don’t actually have much of an opinion about this case, as I haven’t been following it. I just want to keep the conversation here civil and avoid flame wars. Please stick to the facts of the case and avoid direct attacks, and I ask others to do the same.
I have heard this one before. Before we can call this a situation of overcharging we need some perspective on the practices of other counties. I’ve heard of similar stories from other areas before. Someone will face dozens of counts of this or that. Since many of the charges in this case are repeat offenses (numerous counts of the same offense) I have a hard time calling this over charging.
Only the crimes alleged are charged and the judged agreed there was enough for a holding order. I agree some of the charges are weak, also noted by the judge.
It looks like the plea process worked as intended. Hensley knew his potential exposure and his attorney was able to negotiate a good deal for the accused.
“You know you dont cop to something you didnt do… “
tell that to brian banks ([url]http://blog.simplejustice.us/2013/03/25/a-lawyers-choice-brian-banks/[/url])
here’s a study ([url]http://wrongfulconvictionsblog.org/2012/06/13/new-study-significant-risk-of-wrongful-conviction-in-plea-bargaining/[/url]) that shows how willing people are willing to plea to things they haven’t done
please educate yourself before making blanket statements
“Before we can call this a situation of overcharging we need some perspective on the practices of other counties. “
no we don’t. it’s a problem across the nation – that doesn’t mean it’s not a problem.
“Only the crimes alleged are charged and the judged agreed there was enough for a holding order. I agree some of the charges are weak, also noted by the judge. “
for a holding order, all it takes is probable cause and judges generally have determined all it takes is an accusation since they view preliminary hearings in light most favorable to the prosecution and believe that the jurors will be the determiners of fact. that sounds good in theory, but it sets up a case where the guy is facing considerable time will cop to a lesser plea. in brian banks case, he would have faced life, so he took a ten year plea.