This story was updated on Sept. 16, 2020.
A former Austin wealth manager struck a deal on Tuesday with California prosecutors that will allow him to avoid felony convictions and jail time on sexual assault charges filed after a 2019 luxury golf trip in California with "two high-profile friends."
David Walter Osborne, accused of attacking a woman last year at The Lodge at Pebble Beach, pleaded "no contest" to misdemeanor charges in exchange for a deal that included lifetime registration as a sex offender, five years probation, and a 364-day sentence he can serve in his Travis County home, according to the plea agreement described in a California court.
If he violates probation, he could be sentenced to up to two years in prison.
His sentence was formalized at a Sept. 15 sentencing hearing. He begins his sentence on Oct. 9.
Osborne pleaded "no contest" to the misdemeanor charges of sexual battery/unlawful restraint and false imprisonment.
Three felony charges—attempted forcible rape, assault with attempt to commit a felony, and sexual penetration by a foreign object—will be dropped at the formal sentencing before Monterey County Superior Court Judge Rafael Vazquez.
The plea deal means that neither of Osborne's golfing buddies, who flew with him on a private plane to Pebble Beach Resorts before the alleged attack, nor anyone else, including Osborne, will have to testify on the details of the allegations in open court.
The friends have never been identified by Monterey County authorities, who said they all shared rooms at the lodge during the trips, in a news release last year.
Osborne originally pleaded not guilty to all the charges.
He was in court on Tuesday but did not make a statement beyond answering "yes" and "no" to procedural questions by the judge. Defense attorney Lyn Agre of San Francisco did not make any arguments in court nor did she respond to requests for comment.
The victim will be allowed to give a remote video impact statement during the sentencing, prosecutors said.
Monterey County Assistant District Attorney Lana Nassoura said in court Tuesday that the victim, who does not live in California, had been monitoring the case both through the prosecutors' office and through remote access to hearings, and had agreed to the terms of the plea agreement.
She declined to discuss the case further after the hearing but implied during court that the victim was ready to testify against him if the case moved forward.
Nassoura also said the sentence "holds the defendant accountable for his actions" and "most importantly, guarantees solace to Jane Doe."
The terms of the deal also include the following:
- Osborne may not appeal the ruling;
- he may not own a firearm;
- he must attend sex-offender psychological treatment twice a month for a year;
- he waives client-doctor confidentiality at those treatment sessions;
- he must adhere to a restraining order and not contact the victim for ten years;
- he is subject to drug and alcohol testing and spontaneous search of his home, person or vehicle for five years;
- and he cannot use alcohol or a controlled substance for five years.
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