A former University of Tennessee football player indicted on multiple sex-related charges involving a 15-year-old Sevier County boy last year may stay out of jail and keep a clean record.
Lawyers in the state's case against Joshua Briscoe, 24, confirmed this week that they'd reached a tentative deal.
"We do have an agreement and we look forward to resolving this case," Joe Baker, Briscoe's defense attorney, said Thursday.
Briscoe, who prosecutors say has no criminal history, is charged with one count of soliciting sexual exploitation of a minor and two counts of solicitation of a minor stemming from a text message sent to the boy last year. He was an assistant Pigeon Forge High School coach at the time.
Under the law, Briscoe qualifies for pre-trial diversion, which means the case will be expunged from his record if he completes terms of the agreement that could include something like community service.
"The terms are still being hammered out," said Tim Norris, the assistant district attorney general with the 4th Judicial District handling the case.
Neither he nor Baker would release those details.
The agreement being prepared by the lawyers must be endorsed by Circuit Judge Rex Henry Ogle. If he does not approve it and Briscoe is convicted, Briscoe faces probation and up to two years in prison.
Baker has said the case is the result of authorities interpreting innocent comments in the worst light possible and referred to the text as locker room banter. While an assistant coach, Briscoe was accused of sending the inappropriate text to a member of the football team on Aug. 20, 2009. He resigned shortly after the allegations. According to his arrest warrant, the text said, "You owe me a lil [sic] action for going off like that," and then suggested a particular sexual favor.
"This statement directly places Mr. Briscoe stating that (the player) owed Mr. Briscoe a sexual favor for 'going off,' " Pigeon Forge Police Detective Rene Kendall wrote in a report. Kendall speculated that the "going off" comment referred to "some kind of attitude" the player exhibited that Briscoe witnessed. The investigation did not uncover any other improper conduct between Briscoe and the player.
The day of his arrest he was released on $7,500 bond. A grand jury indicted him in July.
Briscoe lettered at UT from 2005-08. He caught 79 passes for 866 yards and eight touchdowns in his career. He had five career starts at receiver.
He was active in the Fellowship of Christian Athletes and once blogged about his training regimen for a possible shot at professional football at http://govolsxtra.com, the News Sentinel's website devoted to UT sports.
Natalie Neysa Alund may be reached at 865-342-6307.
Oregon sends Lady Vols home from…
Scripps Interactive Newspapers Group
Comments » 48
dead_vol_foul (Inactive) writes:
ugly, just ugly. gotta watch what you say...and even if you do, you can get in trouble.
VolAlum2003 (Inactive) writes:
I'm inclined to believe Briscoe. He's never been charged with a crime and, to my knowledge, there isn't any evidence that he made sexual comments to this boy before these texts. It just seems strange that he would, out of the blue, reveal himself to be a pervert and do it in such a permanent way, but then...he wouldn't be the first, stupid pedophile on this planet.
Who knows. So many of the facts of these stories are left out in the news report. Whatever he did, I hope Briscoe gets his head in the right place and learns whatever lesson he needs to learn. Prison is hell on dudes that mess with kids.
bearbull95#206250 writes:
Really appreciate your insightful comment. Sorry to hear about your Gator nation losing the second half of the man-boy love fest that was Meyer and Tebow. That relationship was a great distraction to the media and fans while UF players were being arrested right and left over the same time period that Meyer's better half was there.
bnakk#240693 writes:
Is he gay? If he is then this isn't really any different than a 22 year old trying to get in a 15 year old girls pants and that happens every day. If he isn't gay then he probably was really misunderstood on this thing.
smokeyvol1 writes:
He was active in the Fellowship of Christian Athletes and once blogged about his training regimen for a possible shot at professional football at http://govolsxtra.com, the News Sentinel's website devoted to UT sports.
Devoted to UT sports, are you kidding me? What a joke!
TNVol72 writes:
Looks like he's going to get away with it and once again be "active" with the Fellowship of Christian Athletes! This will come back to haunt somebody!
TommyJack writes:
suggest removal
gnm53108 writes:
Post or poster?
CrankE writes:
Yes
GerryOP writes:
I hope some adult is proud that he/she took locker room banter and turned it into a situation that could ruin a mans life.
How about changing "This statement directly places Mr. Briscoe stating that..." to "This statement clearly implies Mr. Briscoe stating that..." Nope, not gonna play innocent until proven guilty in good old Sevier County.
GerryOP writes:
BWAAAAAAAAAAAAAHAAAAAAAAAAAAAAAAHAAAAAAAAAAAAAAAAAA!
Welcome back lil' DCgataboy! 1st post and it gets axed!
BTW, write this down ... "UF did not hit a home run with lil' Willy. Lil' Willy is on base due to an embarrassing error by Foley."
UF ... the training ground for future head coaches. How the mighty have fallen.
dead_vol_foul (Inactive) writes:
so, just curious...if you have ever been around a group of young males (15-25), you have invariably heard the term 'suck on this', usually in a taunting or mocking tone.
Everyone knows the reference is to oral sex. No one in the area takes offense, it's just banter.
Do you not see, though, how that could get twisted and ultimately ruin someone??
I have no idea if the man has done anything wrong other than poor maturity for a coach. I really don't. But here, you have made your judgement on his character and his life, all based on this?? And, you won't be the only one, and I can't really blame you.
Get's to be a mucked up world at times.
Malloryjoy8 writes:
Briscoe was probably just trying to be funny but what he should have remembered is that he can't joke around with everybody, especially teenagers underneath his leadership, as if they're one of his buddies. He should've known better.
rab63 writes:
Why was it so important to mention that he was a former UT football player and even show his picture in uniform? Has the Knoxville News Sentinel ever ran a story that included "former News Sentinel employee arrested"? I don't think so........
OrangeinCarolina2 writes:
I work with Josh's parents and they are wonderful people. I have talked with his dad about this and he told me that it was all just a big misunderstanding. Josh is a great young man and just texted something to a young kid that either his mom read and deemed as a sexual propositon or the kid was just mad at Josh. Anyway just glad this is getting over with and all parties can move on with their lives. Josh and his parents still love and support UT and go to many games. Hold off on jumping to any conclusions because the facts are often times not what they seem. GO VOLS!
volistic writes:
I think he was just guilty of gross stupidity. Sure, my coaches talked like that, and no one ever thought about bringing criminal charges. But, those days are gone. To record that kind of conversation in a text message is really stupid, but to prosecute this as crimianal activity is more stupid and sleazy than what Briscoe did.
volistic writes:
Nice spin, but what we have here is a conservative over zealous prosecutor.
tnsportsman writes:
110% agree volistic! I say all the time what went on in the 'Good Ole Days' was harmless and in fun, but would put you in jail in this screwed up new world.
This homogenized, political correct, kumbaya, liberial, high tech world of tree huggers, wikileak and weenies will destory this country someday soon!
All us ole timers will be 'Locked and Loaded' as in Red Dawn when it happens! Then all the weenies will be crying for our help again to protect them at all cost!
2010 is a sad world we live in!
VolAtUGA11 writes:
(This comment was removed by the site staff.)
TennVol01 writes:
Sounds like a deal is being cut under the table and we will never know the truth.....so no use arguing about it.
patterrain22#365337 writes:
Do you suppose Briscoe's parents just might be biased?
You haven't seen the texts. Sounds to me like you've made some judgments without knowing the facts.
The story says there's an "agreement". It doesn't divulge what those are. Some could be serious such as preventing Briscoe from ever teaching children again.
Briscoe may be a "great young man" but it's also likely he's a sexual predator in sheep's clothing with smooth talking lawyers.
TNVol72 writes:
I stand behind what I said... "The resolution in this case will come back to haunt somebody!" Obviously you haven't been around Briscoe before.
And I didn't just make my judgement because of what I read in the newspapers, as you apparently did!
Buffalogal writes:
(This comment was removed by the site staff.)
tnsportsman writes:
I'm No Coward At All! It's just facts about this world and country now. You would be one that comes running when and if it hits, you must be a DOVE!
You know why Russia never tried to invade the USA according to their own KGB testments, 'private ownership' is all I will say!
And WE WILL be ready!
tnsportsman writes:
One more thing about DAs that want their 15 minutes of fame in the News and on 60 Minutes. Two Words, 'Duke Lacrosse' say no more, LOL!
xx5vegasxx writes:
As someone that is aware of the actual situation, it breaks down like this.
1) Kid blows his stack and acts like, well, a kid.
2) Briscoe helps defuse the situation, and keep it from going any further.
3) Briscoe tells the kid, via text, he owes him for keeping his butt out of trouble.
4) Kid is still p/o'd, and was basically determined to get SOMEONE in trouble for their stupidity.
5) Kid goes and tells mommy.
6) Mommy takes the ball and runs with it, turning her kid from moronic, loudmouthed child, to sexually exploited victim.
That *IS* what happened. Exactly. Not speculating, not guessing, not giving an opinion. Living in Sevier County, having kids that go to PF, having family that works for the school system, it's pretty much dead-on from everyone.
Nothing more, nothing less.
dead_vol_foul (Inactive) writes:
I haven't made any judgement.
what part of "I have no idea if the man has done anything wrong" doesn't get through??
dead_vol_foul (Inactive) writes:
same thing to you:
"I have no idea if the man has done anything wrong"
pretty plain.
dead_vol_foul (Inactive) writes:
That is undoubtedly the dumbest comment of the century.
Are you that twisted??
Buffalogal writes:
The truth sometimes hurts but the truth is the truth. This is the first time someone that actually knows the truth has come forward. But you'll removing the truth and trashing the inocent victims of this crime. The 14 and 15 year olds that had the courage to come forward and protect themselves as well as others. Maybe even yours.
volistic writes:
I'm not so sure.
OrangeinCarolina2 writes:
I'm sure his parents are biased. Wouldn't you be if it were your kid. But the truth is Josh is a very smart young man. He graduated early from Burns High and enrolled early at UT. It would be mighty stupid of him to solicit this kid via a text message from his personal cell phone. A text could be read by just about anyone. Locker room banter is best left in the locker room. Not in print where anyone living in the Land of the Offended could use it against someone they were angry with.
volistic writes:
I think so.
Buffalogal writes:
You ARE Josh Briscoe. Right?
Buffalogal writes:
That "IS NOT" what happened. If it did happen that way then why did a judge issue an arrest warrant? Why did a jury of his peers add two more charges? All the parents and children did was take the phones to the police. Briscoe, the judge, Detectives and Police and the DA did the rest.
Buffalogal writes:
The truth is, This all happened within two weeks of Briscoe asking the boys to join the football team. Nothing ever occurred in the locker room. This all happened after school hours while the kids were home, friends houses, coming home from school and on weekends utilizing their cell phones. Neither boy wanted to play football until Briscoe encouraged them to. The boys went to PF to play basketball. They met up with Briscoe in the weight room after a football practice. The football team was already established. The boys never played football in their lives and never suited up for a game. They really just wanted to get in shape for basketball which Briscoe stated he was an assistant coach.
The text messages stated:
Briscoe offered to buy the boys compression shorts if he let them (text)“rub up on them”. The going off comment was (text) “F you, you fing f@got” by the 15 year old boy.
The text that Briscoe sent was, “you owe me a BJ for going off like that”. The boys came forward and showed the text messages to their parents. The parents took the phones to the PFPD. Additional text messages were read by the parents and the police. This text message is just one of the several messages that Briscoe sent that were sexual in content. This is the only text that the press knows about. After his arrest the boys were treated as if they did something wrong by coming forward. It became impossible for them to continue their education at Pigeon Forge. They were told by the coach that they would not be allowed to play on the basketball team or even touch a basketball while in gym class. Both boys transferred from Pigeon Forge after one month of school.
Briscoe continued texting while the phones were in the possession of the police. The content of the text messages were explicit enough to issue a warrant for his arrest. The Grand Jury also added two additional counts after review of the text messages. The boys are heroes for having the courage to come forward. He may get off easy but it does not mean he is not guilty.
volistic writes:
Sometimes the truth doesn't matter. Sometimes all it takes to destroy someone is an allegation, as in the case of child molestation. If there is anything worse than someone molesting a child, it is someone being falsely accused of it, because the accusation will taint him forever, even if found not guilty. Therefore, it is not a charge that should be lightly thrown around, and not one that should be prosecuted without overwhelming proof. If all they have is the text message that was printed in the paper, Josh Briscoe was dealt a tremendous injustice.
patterrain22#365337 writes:
Your post sounds like a lot of unsubstantiated nonsense based on rumors and gossip.
Being "aware" of the situation isn't the same as being privy to the facts, like the police, grand jury and prosecutors are.
Briscoe didn't "defuse" anything, he's the perpetrator. He generated all the evidence. Nothing was fabricated.
Your source or sources may be well-intentioned but are biased in favor of Briscoe.
If what you claim is true why hasn't Briscoe been vindicated and cleared?
There must be valid, credible evidence. Seems like there's lots of it. According to the article the terms of the "agreement" are still "being hammered out".
If the terms of the "agreement" are not endorsed by the Circuit Judge, Briscoe faces probation and up to two years in prison.
If the "agreement" is endorsed by the Circuit Judge, Briscoe may stay out of jail and have a clean record but with terms (consequences) from the "agreement".
If he's innocent why an "agreement"?
Buffalogal writes:
Not something the DA, Judge and PFPD would ever do unless there was a basis to the detectives investigation. He will get off with a warning or probation and after the smoke clears he may do it again. Briscoe did this. Nobody did anything to him. The blame is on him.
Buffalogal writes:
And that attitude is why the kids are the victims and why they had to transfer schools after one month into the school year. If you were truly "aware" of the situation you would stop blaming the kids and their families. This is Briscoes fault.
halloffamebowler writes:
Please don't measure my apples in your basket.
xx5vegasxx writes:
It IS what happened. The parents and student took it to the police. At that point, it was a matter of what they saw. It doesn't matter what the intent was, they don't judge intent you idiot. They judge what happened and what is the law. By law, Briscoe got charged. Regardless of whether the student is a problem or not, it's law. Yes, Briscoe was dumb for doing it, but it was NOT exploitation. A prosecutor does their job. If there are additional charges, they add them. The kid screwed up, wanted to get SOMEONE in trouble, and the parents made sure that is what happened. Overreaction and common sense don't matter in the legal system, at least not in this society. Briscoe shouldn't have sent that, but at the same time, this child was NO victim.
xx5vegasxx writes:
As I said, Briscoe screwed up. He violated the letter of the law. However, he has a good lawyer who understands that cutting a deal is better than trying to fight it. Nobody here has EVER said that Briscoe didn't break the law. He did, however, the intent of sexual exploitation of a minor is subject at best.
Bottom line, I know what I know. BuffaloGal knows what they know. Apparently, they have different information and insight than I do. Teachers, faculty and students that I have talked to feel Briscoe got shafted to a degree, but he did bring it on himself by doing something juvenile and dumb. However, others have their own opinion.
sportspeak writes:
Coaches and teachers have got to be smarter than this. Don't text to a student about anything!!!
Then there's nothing to "misunderstand".
Voluvr writes:
It's always amazing how these people don't consider that they ARE going to get caught.
Cole423 writes:
Briscoe is very well liked by anyone who meets him, and he's the type of guy that will make you feel like you've known him forever just by his crazy sense of humor and willingness to listen to what you gotta say.... this man is not guilty and just like most everyone has said he didn't think about how this would affect him and was just joking around like everyone else does before he texted the kid.... so think what you want but Briscoe is a man of God and has a servants heart and has also slipped up along the way just like everyone else... but hey God forgives so why won't you?
wayoutwill writes:
there is no doubt he's a freakin' qurrrr,but who cares.he wasn't able to help us anyway,so i don't care what they do to him,now if he was a great player...hmmmm--maybe we could have rehabilitated his rear end>Go Vols--Winning is the only option!It's the ONLY thing that truly matters!Now let's kick sum tar heel rear end!
TNVol72 writes:
You haven't made any judgement? The following is what you wrote to me: "But here, you have made your judgement on his character and his life, all based on this??" You judged me, you moron!
Share your thoughts
Comments are the sole responsibility of the person posting them. You agree not to post comments that are off topic, defamatory, obscene, abusive, threatening or an invasion of privacy. Violators may be banned. Click here for our full user agreement.