Tuesday, June 12, 2007

Well, if she was 14

Plea may add more time to accused child molester's sentence

"The initial charges against Toomey, 28, of Redway, consist of one count of a lewd act with a child under the age of 14 and two counts of lewd acts with a child, age 14 or 15, when the perpetrator is more than 10 years older. Humboldt County Deputy District Attorney Jeffrey Schwartz said the proposed plea agreement... alleges 10 charges: one count of a lewd act with a child, age 14 or 15, when the perpetrator is more than 10 years older; and nine other counts regarding unlawful sexual intercourse.

Brown said the new charges listed in the plea agreement carry a maximum penalty of 12 years in state prison — the maximum prison sentence Toomey could have faced if convicted of his initial charges was nine years, four months.

“We feel these charges more accurately (reflect) the age of the (victim),” Brown said... With regard to whether the alleged female victim was 13 or 14 when the crimes were alleged to have been committed, Schwartz said both the defense and prosecution are “in total agreement” that the crimes occurred when the girl was 14.

However, Schwartz said, “the state of the evidence is that it’s a disputable issue” with regard to whether the crimes began when the girl was 13."


Is anyone else dizzy yet?

5 comments:

Anonymous said...

Schwartz is a putz. And he is not looking at 12 years he is looking at a max of 9 years. Also, he gets probation instead of prison. Also, he won’t have a strike prior. What a deal!

don't believe everything you read.

Anonymous said...

nine years and four months was the max he'd have faced if he had his other charges, idiot. BUT, that doesn't mean Toomey will do more time. the plea agreement might mean he only has to do 50 percent rather than 85 percent. it seems some people are so easy to slam others.

Anonymous said...

Nine years four months was the max on the other mischarged offenses. He is not looking at strike sex offenses any longer. He is probation eligible. If he doesn't get sent to prison, at the end of probation he can have the offenses reduced and dismissed. Shades of Garza. Shall we set our watches for this guy to reoffend. And the plea agreement DOES mean that he will only do 50%, but I will decline to call you names.

Anonymous said...

Man this is funny. yougofree says it is a disputable issue of the childs age. Well, duh. But if she says that she was 13 or he admitted that she was 13, or someone else testified that she was 13, then that would certainly settle the dispute. Does yougo think we are stupid?

Anonymous said...

The finer points of sentencing notwithstanding, can't we all agree that this defect should be locked up and his habits constrained as long as possible?