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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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After reaching Stage 4 last week of Austin Public Health's risk-based guidelines, Austin-Travis County is now at the Stage 5 threshold with a seven-day average of 50 hospitalizations and dwindling ICU capacity.
While unenforceable under Gov. Greg's Abbott order against local mandates, vaccinated individuals are asked to choose drive-through and curbside options, outdoor activities, social interactions with limited group sizes, as well as social distance and wearing masks indoors. Partially or unvaccinated individuals are asked to avoid gatherings, travel, dining and shopping, choose curbside and delivery options, as well as wear a mask on essential trips.
Flashing back to early-pandemic times, hospitals are at critical capacity—the 11 county Trauma Service Region of 2.3 million people is fluctuating at 16 staffed beds, according to APH.
In a statement on behalf of Ascension Seton, Baylor Scott & White Health and St. David's Healthcare, a spokesperson said that hospitals are asking residents to "help us and each other" by getting vaccinated and continuing to utilize safety practices to slow the spread of the virus.
According to the statement, a "longstanding" nurse staffing challenge combined with the recent COVID-19 spike is putting "extraordinary pressure" on hospital systems.
Along with the unmitigated spread of the virus in unvaccinated, the more contagious Delta variant is also to blame for the spike in cases. The seven-day moving average of COVID hospitalizations in the Austin area reached the Stage 5 threshold of 50 on Friday, triggering local health officials to ask residents to take action.
Local hospitals have a "surge plan" that includes utilization of "all available patient care space and employees within our hospitals and in other settings" that will go into effect when capacity is hit, according to the statement.
The hospitals are working on sourcing supplemental staff and emphasized that emergency care will still be available but it may involve patient transfers "in order to provide the most appropriate care."
Healthcare systems have hit this threshold previously during the pandemic: the city held an alternate care site at the Austin Convention Center from January to March of this year.
"Our responsibility during this pandemic continues to be balancing our readiness to care for patients with COVID-19, while making sure patients who depend on our hospitals receive needed and timely care," the statement said. "We do not want to see necessary non-COVID care delayed as it was during the early stages of the pandemic."
This story has been updated to after publication to include that Austin has reached the Stage 5 threshold.
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Austin legend Willie Nelson will perform at the Texas Capitol today, his first large performance since the pandemic began, closing out a four-day long march across Central Texas to build support for federal voting protections.
Organized by The Poor People's Campaign, the march began in Georgetown on Wednesday and will end with a 10 a.m. rally at the Capitol featuring appearances from former U.S. Congressman Beto O'Rourke and Rev. Dr. William Barber.
Willie Nelson (with Charlie Sexton & friends) will play a free concert at the Poor People's Campaign march for democracy & justice in Austin this Saturday! https://t.co/zZSA0BpbWA
Sign up to join us and see Willie at 10am Saturday: https://t.co/KrDPIFIvST
— Beto O'Rourke (@BetoORourke) July 29, 2021
The rally calls on Congress to "stop attacks on democracy" by ending the filibuster, pass all provisions of the For the People Act, restore the 1965 Voting Rights Act, raise the federal minimum wage to $15 per hour and pass permanent protections for all 11 million undocumented immigrants.
Nelson denounced election law proposals gaining traction in red states, such as Senate Bill 1 and House Bill 3 in Texas, which 55 House Democrats foiled by fleeing to Washington, D.C., on July 12.
The bills would require additional ID verifications for mail-in ballots, allow partisan poll watchers "free movement" and prohibit elections officials from sending absentee ballot applications to voters who didn't request one.
"Laws making it more difficult for people to vote are unAmerican and are intended to punish people of color, the elderly and disabled," Nelson said. "If you can't win by playing the rules, then it's you and your platform–not everyone else's ability to vote."
The march is in the spirit of the Selma to Montgomery March of 1965, led by Dr. Martin Luther King Jr., which protested the blocking of Black Americans' right to vote by Jim Crow laws.