WOODSTOCK – A judge could grant conditional release to a violent sexual predator in state custody who served prison time for attacking a woman in Shenandoah County in 1994.

Thomas Horace Alsberry remains in state custody through civil commitment as a sexually violent predator. Judge Dennis L. Hupp ordered Alsberry’s commitment on July 26, 2016, in Shenandoah County Circuit Court.

Then-Judge Perry W. Sarver sentenced Alsberry on Jan. 12, 1995, to 10 years with five years suspended for one count of animate object sexual penetration involving a child; 10 years, all time suspended, for breaking and entering to commit assault and battery or other felony; five years, all suspended, for breaking and entering with the intent to commit assault and battery; and five years, all suspended, for one count of breaking and entering to commit a misdemeanor. Perry ordered Alsberry to complete five years of supervised probation.

Authorities accused Alsberry of breaking into a Shenandoah County home on May 25, 1994, and sexually assaulting a woman.

Three years after he was sentenced in the sexual assault case, a judge sentenced Alsberry on July 29, 1998 to 12 months in jail, all time suspended, for failing to register with the state police as a sexual offender.

Alsberry violated the terms of his supervised probation at least three times over several years, according to court records. As a result, Hupp ordered Alsberry at his most recent probation violation hearing on March 1, 2001, to serve 24 years and almost six months of his previously suspended sentence.

Alsberry has remained incarcerated in the state penitentiary system since his last sentencing.

The Virginia Office of the Attorney General petitioned the circuit court in late May 2015 for Alsberry’s civil commitment into state custody as a sexually violent predator. At the time of the filing, Alsberry remained in the custody of the Department of Corrections, most recently in a prison in Jarratt, Virginia. Alsberry was transferred into the custody of the Department of Behavioral Health and Developmental Services. Hupp has ordered Alsberry recommitted to the agency at least once since the initial commitment.

The state is in the process of considering Alsberry’s conditional release from custody. Shenandoah County Circuit Court had scheduled a hearing on the petition for April 30 but removed it from that day’s case docket. The court had not rescheduled the hearing as of Tuesday.

Margarita Wood, an attorney with the Pond Law Group in Front Royal, represents Alsberry and intends to present his plan of release to the court for consideration. Assistant Attorney General Erin D. Whealton represents the state.

A state psychologist recently determined Alsberry suitable for conditional release, according to information provided in an email by the Attorney General’s Office on Thursday. A second psychologist agreed and their opinions triggered the preparation of a conditional plan the court may consider before deciding Alsberry’s eligibility for release. The office did not identify the psychologists.

The civil commitment process began when a psychologist evaluated him and determined Alsberry likely could offend again. Glenn R. Miller Jr., a licensed clinical psychologist, performed a mental health examination of Alsberry for the Department of Behavioral Health and Developmental Services as part of the civil commitment process. Miller diagnosed Alsberrry with “Other Specified Paraphilic Disorder (Non-Consent), Exhibitionist Disorder, Alcohol Use Disorder, Persistent Depressive Disorder, and Other Specified Personality Disorder with Antisocial Traits,” according to the petition.

“Dr. Miller determined that because of his mental abnormalities and/or personality disorders, the Respondent (Alsberry) finds it difficult to control his predatory behavior, which makes him likely to engage in sexually violent acts,” the petition states.

In its petition, the Attorney General’s Office asks that should the court or a jury decide Alsberry meets the criteria as a sexually violent predator, the court can order him committed to the Department of Behavioral Health and Developmental Services for inpatient treatment in a secure facility as designated by the agency’s commissioner. Hupp ultimately granted the state’s petition and ordered Alsberry to enter the agency’s custody where he would undergo treatment.

– Contact Alex Bridges at abridges@nvdaily.com