Cape Girardeau man pleads guilty to sexual assault

BENTON, Mo. -- A Cape Girardeau man pleaded guilty Thursday to deviate sexual assault in connection with a February incident at a Chaffee, Mo., nursing home.

David Barberis, 56, was accused of having "deviate sexual intercourse" with a female nursing-home resident without her consent.

Scott County Sheriff Rick Walter said in February that someone from the Chaffee Nursing Center contacted the sheriff's department Feb. 20 to report "inappropriate behavior" by Barberis.

The sheriff said Barberis travels to nursing homes to play music for residents.

Nursing-home staff became suspicious when Barberis entered female residents' rooms and closed the door, Walter said.

A staff member said Barberis was acting "inappropriately" with a female resident.

Barberis was arrested Feb. 21 when he came into the Scott County Sheriff's Department to talk to an investigator about the case.

On Thursday, a victims' advocate told Scott County Circuit Judge David Dolan the victim's family had agreed to a plea deal because the victim herself was unable to do so.

"That's the nature of the allegation, Your Honor, that their diminished capacity was such that they can't give consent," Barberis' attorney, Pat McMenamin, said in court Thursday.

Under the negotiated plea agreement, Barberis received a suspended sentence, meaning if he stays out of trouble, he will serve no jail time but will be on probation for five years and will have to register as a sex offender and comply with all laws governing sex offenders, Dolan said.

Had the case gone to trial, Barberis could have faced up to seven years in prison on the Class C felony charge.

epriddy@semissourian.com

388-3642

Pertinent address:

Benton, MO

Chaffee, MO