The Reporter (Lansdale, PA)

Man convicted of sexual assault pleads guilty to DUI charge

- By Michael Goldberg mgoldberg@21st-centurymed­ia.com @mgoldberg on Twitter

A 25-year-old former Dock Woods nursing assistant currently serving jail time after pleading guilty to sexually assaulting an elderly woman with Alzheimer’s disease who resided at the facility has been sentenced to a concurrent jail sentence after admitting to driving under the influence of marijuana in November while he was out on bail in the sexual assault case.

Bryan Richard Labus, of the 300 block of Park Avenue in Lower Salford, pleaded guilty to one count of misdemeano­r DUI before Montgomery County Judge Gail Weilheimer and was sentenced to three days to six months of confinemen­t, court records indicate. Labus also had his driver’s license suspended for a year.

Towamencin police said in an affidavit of probable cause that shortly before 8 a.m. on Nov. 23, an officer pulled over a white Honda Civic on Sumneytown Pike for having an expired registrati­on. When the cop made contact with the driver, identified as Labus, he immediatel­y detected the odor of marijuana emanating from the car and observed that Labus had extremely bloodshot eyes and appeared very nervous, according to the affidavit.

Labus said at first that he didn’t smoke marijuana, and wouldn’t give consent to cops to search his vehicle, then said that he “smoked this morning and the odor is on my clothes,”

court documents state. He also refused to submit to a blood draw for chemical testing, police said.

Cops subsequent­ly obtained a search warrant for the Civic and found and seized a grinder containing marijuana, a digital scale and a glass pipe that contained marijuana, according to court documents.

Last month, Labus was sentenced to 11 months and 15 days to 23 months of incarcerat­ion, to be followed by five years of probation, after pleading guilty to one count of third-degree felony institutio­nal sexual assault in connection with the Dock Woods assault. He must also register as a sex offender for 15 years and undergo a psychosexu­al evaluation and comply with the results, court documents show. Labus is also prohibited from having any further contact with the victim or her family.

Towamencin detectives said in court documents that on Oct. 1, 2015, officers responded to Dock Woods, located at 275 Dock Drive, for a report of elder abuse and sexual mistreatme­nt and learned that on Sept. 30 of that year, Labus — who worked as a

certified nursing assistant in the Secure Dementia Care Unit of the facility — had been seen by a supervisin­g nurse kissing and engaging in indecent contact with the victim, a then-93-year-old woman, in her room.

The next day, according to the affidavit, Labus went to Towamencin police headquarte­rs for an interview with detectives, during which he admitted kissing and fondling the woman and that he considered her “to be his girlfriend and claimed that entering her room and kissing was a common occurrence when he worked.”

Police said Labus admitted to detectives that he sexually assaulted the woman on multiple occasions prior to Sept. 30, 2015, while knowing that there “were things she just couldn’t do because of her medical condition,” according to the affidavit.

In a subsequent interview with county investigat­ors, court documents state, Labus said that he “sort of crossed a boundary.”

Labus is currently incarcerat­ed at Montgomery County Correction­al Facility.

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