Man accused of repeatedly molesting foster son gets probation

JOHN GREEN   | The Hutchinson News

As expected, a Hutchinson man accused of molesting one of his many foster children multiple times over four years was sentenced Thursday to three years of probation.

Based on the charges that Brandon Hoffman, 48, pleaded to, he doesn’t even have to register as a child sex offender.

However, District Judge Joe McCarville did order that the 32-month suspended sentences Hoffman received on each of three counts of child abuse run consecutively, so if Hoffman fails on Community Corrections, he'll face eight years in prison.

“I want you to know, Mr. Hoffman, that in my mind, you’re a typical child molester,” McCarville said. “The sooner you learn to accept that, the better the chance you’ll do the reformation you need, so nothing like this happens again.”

Prosecutors initially charged Hoffman with 15 counts, including seven counts each of aggravated sodomy and aggravated sexual battery, and one count of intimidation of a witness to prevent testimony.

The cases stemmed from incidents between January 2006 and September 2010, though the victim did not report them until 2017, after becoming an adult. The Kansas Bureau of Investigation had the case for almost another two years before the state filed charges in November 2019.

According to “statements of fact” the prosecutor presented during Hoffman’s May 20 plea hearing, the victim told KBI and Cheyenne County investigators that Hoffman would come to his room and masturbate and sodomize him, then masturbate himself.

The victim said the acts occurred multiple times, always the same way, but prosecutors charged Hoffman only with counts on specific dates that the teen could remember – on his birthdays and at Christmas.

Hoffman has continually denied the allegations and his no contest plea is not an admission of guilt, though it’s entered knowing he’d be found guilty by the court.

In asking the court to place Hoffman on probation, defense attorney Trevor Riddle noted that Hoffman had no other criminal record, and he had the support of his family and church, many of whom were in the courtroom or an adjoining waiting room because seating in the courtroom was limited.

He thanked the prosecutor, Senior Reno County Assistant District Attorney Kimberly Rodebaugh, for her work on the case and resolving it as she did.

As part of the plea deal, the state agreed to join the defense in recommending non-prison, though arguing for the consecutive controlling sentences.

Prosecutors also agreed not to file any charges related to an investigation involving a second child.

Rodebaugh noted at the hearing that the victim, who lives out of state and was not present for the hearing, agreed to the plea deal “in large part to get resolution and in hoping for closure.”

“To say this has divided the family is an understatement,” she said. “It’s an unfortunate situation.”

Besides Hoffman's parents, his wife and a church member were there to support him; at least two family members were there to support the victim in the case. They also addressed the court.

“We’re here to give him a voice since he couldn’t be present,” said A.J. Kershaw. “I thank him for the courage to come forward (and for holding Hoffman) accountable for his sinful behavior.”

She hoped, Kershaw said, it would encourage other victims to come forward “and be heard.”

“But most importantly it allows the victims to start the healing process,” she said.

Also speaking was Roy Hoffman, who identified himself as an uncle of the victim.

“Over 60 years ago, I was the victim of a sexual predator and I can tell you, you don’t forget,” he said. “No one was there to protect me.”

“We are witnessing the sentencing of a mouse of a man," Hoffman said. "He hurt so many and divided our family. I have other things I’d like to say, but I’m told they would be inappropriate.”

Brandon Hoffman and his wife, Melissa, adopted 10 of their 12 children during a period of 16 years from the Kansas foster care system, including the victim in the case.

The couple was recognized in 2009 by the Congressional Coalition on Adoption Institute (CCAI) for their advocacy of adoption and foster care.