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Judge Sentences Former Dixon Coach to One Year

Hensley

by Antoinnette Borbon

Judge Rosenberg Finds Victim’s Testimony Believable - After a long emotional hearing for both the victim’s family and the Dixon High coach and his family, Judge Rosenberg read his ruling this morning. He stated, “I do believe the testimony of the victim.”

In a Penal Code section 1204 sentencing hearing, Defense put one of the young boys of the defendant on the stand to talk about what kind of father his dad had been, Mr. Hensley’s 14-year-old son, told the court, “I cannot imagine what it would be like to not have my dad with me when I play, it would be difficult.”

The young man gave testimony of a good father, one that had not only been a great coach to him but several others in years past. He stated, “My dad took in kids who wanted to play sports in Dixon but couldn’t because they lived out of town.”

He said his dad has always been there for him and his siblings.

Testifying later was the wife of Mr. Hensley. In very emotional and tearful testimony, she would describe life with Troy. She said they struggled in their marriage but stayed together. She said her husband had coached for years with little or no pay and the family had helped raise money for the school to keep a sports curriculum going.

“I can’t remember a time when Troy was not coaching.” said a tearful Mrs. Hensley. “He has been a good role model for our boys.”

Deputy District Attorney Deanna Hays asked in cross-examination, “Do you think it’s being a good role model to have your husband be involved with other women?”

“No,” answered Mrs. Hensley.

Mrs. Hensley told the court Troy Hensley has been in counseling for his problems and has remorse for what he has done to both families.

After testimony wrapped up, four members of the victim’s family, including the victim herself, read statements to the judge.

Troy Hensley received a plea deal of one year in county jail, and four years’ probation, with a stipulation that he do no more coaching, mentoring or tutoring of any youth, but Judge Rosenberg added, “I am not going to make him register as a sex offender.”

Judge Rosenberg said, “This was a difficult case but I do believe the victim.”  But he also stated in reviewing the psychological evaluations of Hensley that he felt he was not a risk to the public.

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, had 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.

In November, Troy  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.

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 appeared 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.

Defense attorney Sabbadini released this statement yesterday and Hensley was cuffed and taken into custody to serve his time in custody.

Steven Sabbadini, Attorney for Mr. Hensley, issued a statement that read, “This was an exceptionally polarizing case.  There has been a lot of misinformation released to the news outlets by the young woman involved in this case and her family, especially regarding how this relationship was initiated and regarding threats allegedly made by Mr. Hensley to her and her family when he terminated the relationship and this case became public.”

“I believe there was a lot of denial and embarrassment on the part of this young woman and her family regarding this inappropriate relationship with Mr. Hensley,” Mr. Sabbadini stated.  “Our office conducted a thorough investigation in order to dispel this misinformation with facts, and the facts revealed that this was a consensual, mutual, but unlawful relationship with a woman that was close to 18 years of age, and that no threats or intimation were involved.”

He continued, “As a result of our investigation, we were able to reach a reasonable resolution of this case on behalf of Mr. Hensley.  Mr. Hensley was charged with 45 felony counts. Forty-two of those felony counts were dismissed, including allegations pertaining to threatening and/or intimidating a victim.”

“Our office and the prosecution both supplied the court with a substantial amount of information that the Judge evaluated. As much as she and her family disagree, I believe that Judge Rosenberg got it right,” Mr. Sabbadini continued.  “He reviewed all of the facts and circumstances involved and granted Mr. Hensley probation without requiring sex offender registration or any terms or conditions of probation typically given to sex offenders.”

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About David Greenwald

David Greenwald is the founder, editor, and executive director of the Davis Vanguard. He founded the Vanguard in 2006. David Greenwald moved to Davis in 1996 to attend Graduate School at UC Davis in Political Science. He lives in South Davis with his wife Cecilia Escamilla Greenwald and three children.

3 comments

  1. this is another case that the da clearly overcharged from the start. 44 felonies? really a life sentence for a guy who had sex with a girl just before she turned 18? people defend this stuff but at some point the penalty should fit the crime and it just didn’t the way this was charged.

    reading the prelim, no way were they going to get the criminal threats stuff passed a jury.

    he clearly broke the law, he will get punished, but no sex offender registration – another good outcome.

    • Dazed but not confused

      Yep, 44 felonies. Each individual lewd and lacivious act is a seperate felony. I think the number could have been much, much higher but…..how many instances do we expect the victim to recall. And after it was revealed that Troy used drugs and alcohol to “help (the victim) relax”, accuracy of memory becomes questionable – at least according to the defense counsel.

      And I fully recognize the difference between “rumor” and “fact” (fact being provable in a court of law), but it is common knowledge in Dixon that this started well before the victim was 18; probably around 16. I don’t know if that alters your perception of this or not, but it’s something to consider. Obviously there may have been some challenges for the DA to prove charges dating back that far – I don’t, honestly, know. But what Troy did was inexcusable on every conceivable level.

      I suspect that fear of retribution on the threats charge plays a part. Although I have heard that witnesses exist (people who witnessed Troy and Brandy threaten the victim and her family at the May Fair), they are reluctant to go on the record because they are scared. Troy’s wife, Brandy, is a “Dixon lifer”, and she and Troy are both well known as being hyper-aggressive bullies. Ask anyone who had kids on the Dixon Dolphins swim team a few years ago. The Hensley parents (Troy and Brandy) were led out of the swim league championships in cuffs because of their violent behavior. People in Dixon fear them. There are also folks who are blindly loyal – why? I have no idea. Maybe because Brandy’s family owns a bar. Again, why? I have no idea. And after the revelations in court of Troy plying the victim with booze supplied at their bar, I don’t know how they aren’t under investigation.

      We agree that he broke the law and we agree he is being punished. I feel, however, that he got off light. Troy isn’t her “peer” (casually speaking, within a few years in age of the victim). He’s a 38 year old married father of 5 boys. Who used alcohol and drugs to cloud the judgement of an impressionable teen. And he did this while in a position of power and influence (as one of her managers at the restaurant). IMHO, the crime (and the damage caused by it) far outweigh the punishment.

  2. In the village of Dixon, CA, a seventeen year old young woman fell in love with an older married man.
    They went to a hotel in Davis several times and made love.
    They also got high and drunk several times.
    Her family found out.
    He was arrested and sentenced to twelve months in county. He’ll probably be out in six months. But he won’t have to register as a sex offender, and she won’t have to wear a scarlet A.
    The adults of the village, who also had affairs, got high, and got drunk, were happy that justice was served.

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