Judge softens accused man’s jail sentence

STAUNTON — Sitting in court Thursday, Brian Eugene Brubaker listened as attorneys authored the second-half of his life.

Judge Victor V. Ludwig softened sentencing of the 42-year-old Crimora man, adding only three years in prison to Brubaker’s existing 22-year sentence from other jurisdictions.

Officials in Rockingham, Augusta and Greene counties first sought Brubaker in June 2008, after he abandoned a decades-long non-violent record for a 15-day robbery spree.

After a failed robbery attempt at Ladd Convenience in Waynesboro, Brubaker went on a string of stickups, later telling an officer he suffered from an addiction, according to court testimony. He robbed at knifepoint seven store clerks in four counties before his arrest in the bathroom of a Harrisonburg car dealership.

Brubaker, suffering from clinical depression, targeted stores with guns, hoping a clerk might end his life, defense attorney Charles E. Garner said.

Public records show Brubaker, a contractor, was dogged by financial problems but had no prior history of violent crime. He filed for Chapter 7 bankruptcy in December 2002, then pleaded guilty to construction, check and money fraud in 2003. In October 2007 the Virginia Board for Contractors revoked his license.

Brubaker has pleaded guilty to robberies at Ladd Convenience; Augusta County Co-op Farm Bureau in Staunton; Cracker Barrel and Tractor Supply Co. in Harrisonburg; Bootville, Crawford Saddlery and Food Lion in Ruckersville; and Greenberry’s Coffee & Tea Company in the Barracks Road Shopping Center in Charlottesville.

Almost a dozen people joined Brubaker in Augusta County Circuit Court for sentencing. Four offered testimony supporting the man. When his father, Allen Brubaker, took the stand, Brian Brubaker broke.

He wept throughout the remainder of the hearing – pausing only at the end, dripping in remorse – to choke through his own apology.

“I loathed myself for what I’ve done and what I’ve caused,” he said, sniffing. “This is my one and only chance. I was desperately trying to remove myself from everything I hold dear.”

Garner submitted almost two-dozen letters to the court written by friends, family, a minister and businessmen.

Garner argued Brubaker deserved a light sentence, one that would release him from prison in his early sixties, rather than his seventies.

“All jurisdictions have asked for their own ‘pound of flesh,’ ” Garner said. “For 41 years he had no history of violence whatsoever. He is not a career criminal.”

Assistant Commonwealth’s Attorney Thomas Knoll sought to add seven years of prison time.

“I don’t care how depressed he may be, or how tough his family may be,” he said. “He needs to think about what his actions would do.”

Garner shook his head.

“Adding year after year after year does nothing but ensure he’ll be so old after release he won’t be able to pay restitution,” he said.

The court went silent.

Brubaker’s father, stoic through most of the sentencing, wiped tears from his eyes.

Judge Ludwig cleared his throat and looked to Brubaker’s parents.

“In this Dr. Jekyll that you’ve raised, it is the Mr. Hyde that I sentence,” he said, adding that it “becomes simply counter-productive” to continue stacking years to his existing prison time.

Brubaker, who said he hopes to become a writer, plans to apply for funding to finish his college education while incarcerated. He said he attended 14 months of rehabilitation for his depression and plans to continue.

He awaits sentencing in Staunton and Charlottesville.

Atop the criminal cases, Brubaker awaits a civil lawsuit demanding more than $63,000 for construction work he allegedly abandoned in mid-project.