Edwin Tobergta may have been stating the obvious when he told an Ohio judge yesterday, “I do deal with mental issues,” but because he acted on his strange fetish for plastic pool toys with children watching this time, Butler County Common Pleas Court Judge Charles Pater put him away for 11 months.
His September guilty plea for public indecency was the third time that Tobergta faced charges for having outdoor “sexual contact” with a plastic pool raft or toy. He faced earlier counts in 2008 and 2011.
This time, according to Hamilton police, when Tobergta walked naked out his back door, grabbed a pool float and had sex with it, several little girls were watching.
Neighbor Theresa Teague said that her 10-year-old daughter witnessed this unpleasantness, telling her mother that "Edwin was doing something weird out there.”
Another neighbor, Megan Lefevers, said that her two daughters, ages seven and eight, also caught Tobergta in the act of doing, well, whatever it was he was doing with an orange pool raft that had been left in the trash.
"This is about lewd, obscene behavior in the presence of, especially in this case, presence of little children. That's something society's not going to tolerate," said Pater in handing down his sentence.
Tobergta had asked to be placed in a special program for sex offenders with developmental disabilities, which Tobergta has been diagnosed as having.
"I do want to apologize for my actions, I'm sorry, I do deal with mental issues and if court would give me this chance for this program sir, I would give it 100 percent," Tobergta told the judge in court. "I'm ready to get my life together and quit all this nonsense."
But because this was his third such offense and there were children present, Pater wouldn’t budge.
“I'm not going to put you in that program instead of prison," the judge said, adding that he hoped Tobergta would enter the program upon his release.
In 2011 Togberta was arrested after a neighbor saw him engaged in some sort of sex act with a pink inflatable pool raft in an alley behind his home.
SOURCES: Dayton Daily News, NewsNet 5