During the sentencing, Asbury maintained his claim of innocence, affirming his intention to appeal the verdict. “With due respect to the court, I’m maintaining my innocence of these charges and do intend to appeal the convictions,” he stated in the courtroom in Manchester before receiving the sentence. He expressed gratitude towards his friends and family for their support throughout the ordeal, acknowledging their presence in court and their letters written on his behalf.
In court, several individuals, including Asbury’s wife, stepson, and a friend, spoke in support of him, emphasizing his role as a dedicated family man and mentor. However, Judge William Delker indicated he had thoroughly reviewed the supportive letters but emphasized that Asbury’s prior actions were severe. He remarked that Asbury had abused his position of authority, adding that the nature of his actions “crossed a line that cannot be crossed.”
Asbury’s role at the Sununu Youth Services Center involved leading a house, where he was alleged to have restrained a 14-year-old boy named Michael Gilpatrick, allowing another staff member to assault the teenager while two others participated in the crime. Asbury is one of 11 former staff members who have faced charges since New Hampshire initiated a wide-ranging criminal investigation in 2019. The outcomes of these trials have included two convictions, two mistrials, and various other legal setbacks, including one defendant’s death and another’s incompetence to face trial.
Stanley Watson was convicted in January of committing aggravated sexual assault against two minors, while Stephen Murphy faced allegations of raping Gilpatrick under Asbury’s restraint but was unable to reach a verdict with the jury.
Gilpatrick, who is now 41, bravely testified about the long-term effects the assault has had on his life and described his testimony at the trial as part of his journey towards healing. He recounted an out-of-body experience during his assault, articulating, “I can see it happening, but I can’t do anything… I was just not there. But there.”
In a poignant moment before the sentencing, Kelly Gilpatrick, Michael’s wife, addressed Asbury directly, stating, “the jury saw through you, and they saw you for who you truly are.” She poignantly noted the lasting harm inflicted by Asbury’s actions, asserting that it would never be undone.
Asbury’s attorney, David Rothstein, requested leniency in the sentencing, citing Asbury’s age and the positive attributes emphasized by friends and family. Rothstein argued that Gilpatrick had wrongfully accused Asbury of crimes that were “virtually impossible to commit.”
Prior to being dismissed from a pre-trial facility in Concord in 1994 for alleged physical and psychological mistreatment, Asbury faced serious accusations regarding his conduct and was later rehired at another facility after suing for wrongful termination. His termination letter described a pattern of abuse of power, blame for a toxic work environment, and failing to secure a safe space for children. Despite these allegations, Asbury was reinstated with back pay.
The investigation into the detention center has unveiled significant civil litigation, with over 1,100 former residents pursuing lawsuits related to abuse experienced over the last sixty years. A notable case led to a jury awarding $38 million to a claimant in May, although the state is currently disputing this verdict and attempting to reduce the awarded sum to $475,000.
