An Albany man has been sentenced to over 20 years in prison for sexually abusing a child.
Linn County Circuit Court Judge Brendan Kane sentenced Ryan Shew, 32, at a Friday, May 19 hearing that proved tense and emotional, prompting the judge to take several breaks. At one point, a member of Shew’s family was kicked out of the courtroom.
A jury found Shew guilty of first-degree sodomy and two counts of first-degree sexual abuse after a three-day trial in January. Shew was acquitted of a second charge of first-degree sodomy.
The crimes
According to court documents and trial testimony, Shew sexually abused a 4-year-old child he was babysitting in 2014. He would watch the victim for up to nine hours at a time about four days a week while the child’s mother worked.
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In 2020, the victim told his mother he could not sleep because he remembered the abuse.
“Sometimes I couldn’t sleep because it was the only thing I could think of,” the boy said in court.
Albany police investigators took a report and referred the boy to the ABC House, a children’s advocacy center, for further questioning.
The trial
During the trial, attorneys questioned whether the victim’s emotional reactions on the witness stand was an indicator of trauma from abuse or fear of being caught in a lie.
Prosecutor Alex Olenick told the jury that the victim, 13, was clearly “haunted” by the abuse he faced at the hands of Shew.
Meanwhile, the defense argued that a genetic condition Shew has would prevent him from sexually assaulting someone. Defense attorneys Rex White Jr. and Tyler Reid said Shew is diagnosed with Klinefelter syndrome.
The genetic condition results from a third, extra X chromosome in the genetic coding of some babies that are genetic males.
Physical symptoms of Klinefelter syndrome include longer legs, shorter torsos, wider hips and less muscle mass than two-chromosome counterparts. Those with the condition also frequently have less or lighter body and facial hair.
A pair of physicians asserted in front of the jury that Shew has hypogonadism, meaning his genitals did not fully develop because of a low level of testosterone.
Because of the lack of testosterone, defense attorneys argued Shew couldn’t have sexually abused the victim.
However, a dermatologist who helped diagnose Shew said hypogonadism would not prevent sexual abuse.
Shew’s mother also spoke on behalf of the defense, saying she was always home when her son watched the victim.
The jury deliberated for around four hours before handing down the verdict.
Time in prison
Friday’s sentencing was filled with high tension and emotions.
Olenick began by reading a statement from the victim who said he has a hard time telling right from wrong and understanding boundaries.
The victim said he can’t focus because he keeps having flashbacks. Olenick said the victim is having trouble making friends.
Next, the defense laid out its reasoning for a lesser sentence than prescribed by the law. According to Oregon Measure 11 and “Jessica’s Law,” Shew should have been sentenced to a total of 450 months, or around 37 years.
First-degree sodomy committed against a minor younger than 12 carries a presumptive 300-month sentence. For first-degree sodomy committed against a victim older than 12, the presumptive sentence is 100 months.
White referenced a couple of precedent-setting cases to argue that Shew’s low IQ and minimal criminal history warrant the lesser sentence.
White said the 300 months was “not proportional” and “unconstitutional.”
Prior to sentencing, Shew received a psychological evaluation where, according to White, Shew’s IQ was reported as 81. White said this is low and suggests impaired cognitive functions.
Supporting Shew
Shew’s father spoke to the court, expressing his frustration with the justice system.
He said his son would never do anything like the crimes of which he was convicted.
“How is this justice? It’s not,” he said. He later added, “I don’t know why we’re here.”
“We’re here for sentencing,” Kane said firmly. He expressed his frustration, saying that this was not a time for rehashing the trial.
The court went then into recess.
When court readjourned, one of Shew’s sisters again referenced that Shew did not commit the crimes, and she expressed how her brother cared for their family.
“Ryan has a heart of gold,” she said.
After she was done, Kane reiterated that the jury — one picked by the state and defense — unanimously found Shew guilty and that this was not a time to discuss whether or not Shew committed the crimes or if the ruling should be overturned.
The court went into recess again, and Kane invited the attorneys into his chambers to talk with him.
Another sister of Shew’s spoke, saying her brother is the “glue” to their family. No one else made any statements on behalf of Shew, but multiple family and friends were in attendance.
A vulnerable child
Olenick fought back against the defense’s arguments for a lesser sentence, saying Shew’s case differs from the other cases the defense mentioned.
He alleged that just because Shew’s IQ was low didn’t mean he was diagnosed with a cognitive delay. He added that Jessica’s Law is put in place to recognize the seriousness of crimes committed against such young victims.
“Mr. Shew may get out of prison one day,” he said. “But this is a life sentence for (the victim).”
While Olenick was speaking, Kane kicked out one of Shew’s sisters from the courtroom because of what he called inappropriate “courtroom decorum.” He referenced comments and facial expressions.
Before deciding on a final sentence, Kane said he would consider Shew’s cognitive delays and some of the factors the defense pointed out.
Olenick asked for a sentence of 450 months, while the White requested 100 months total.
Kane ultimately decided on something in between: 250 months.
Maddie Pfeifer covers public safety for Mid-Valley Media. She can be contacted at 541-812-6091 or [email protected]. Follow her on Twitter via @maddiepfeifer_