KINGWOOD — Former Preston dog warden Brittaney Shearer pleaded guilty Wednesday to felony conspiracy to commit child abuse resulting in injury of her 11-year-old daughter.
Under a binding plea approved by Preston Judge Steve Shaffer, she will be sentenced to 1-5 years in prison and court costs, but the prison time will be suspended for probation. If she violates probation, she can go to prison.
The length of probation is at the judge’s discretion. Sentencing was set for Aug. 17. Another felony child abuse charge was dismissed as part of the plea agreement, and Shearer will have to register as a child abuser for 10 years.
The case was set to go to trial next week, but Assistant Prosecutor Megan Allender said the victim, “has a relationship with her mother and does not want to lose her.”
The child is, “so scared that the court could potentially place her mother in prison.” There is also concern about the trauma it would cause the victim to testify against her mother. The child, her therapist and psychologist, the child’s father and investigating officers all approved the plea, Allender said.
Had they gone to trial, Allender said, the state would have proved that in April 2017 there was “discord” between Shearer and her daughter over putting a dog into a crate. Shearer used a “sweeping” motion to the girl’s legs and brought her to the ground, then straddled her and held her down.
The victim talks about being unable to breathe while her mother was atop her, Allender said. Then Shearer’s “significant other,” Robert Bragg, “smacked” the girl on her face and neck with a folded leather belt.
Afterwards, the girl was told to put makeup on the marks and go to school, Allender said, while Shearer and Bragg went turkey hunting and posted photos of the hunt on Facebook.
At South Preston school, the assistant principal saw the marks and called police, Allender said.
Bragg and Shearer were interviewed by state police.
“I believe Ms. Shearer was not honest in her statement as Mr. Bragg was in his,” but Shearer has since changed her statement, Allender said.
Shearer, 33, was suspended by the county commission and then resigned as Preston dog warden after being charged. She was indicted in October 2017.
Bragg was also indicted on charges of child abuse resulting in injury.
In December 2017 Bragg entered into a deferred adjudication agreement. Under the agreement, he pleaded guilty to one count of felony child abuse and another was dismissed. He will serve two years on probation and must pay court costs and restitution, as well as provide DNA to police. If he follows the terms of probation, at the end of the two years, he can withdraw his guilty plea to the felony and plead guilty to misdemeanor child abuse and pay a $100 fine.
Shearer was not offered a deferred adjudication, Allender said.
If he does not follow all conditions of probation, Bragg can be sentenced based on the felony. Possible penalties for that are a fine of $100 to $1,000 and one to five years in prison, or up to one year in jail and the fine.
Follow The Dominion Post on Twitter @DominionPostWV. Email Kathy Plum: kplum@dominionpost.com.
