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Man faces life sentence for rape
Tolbert sentenced for rape, sexual abuse
Originally published 08:01 p.m., June 29, 2009
Updated 11:34 a.m., June 30, 2009
A Troy man will face life in prison after pleading guilty to raping and sexually abusing two young girls.
John Tolbert, 40, was sentenced Tuesday in the Pike County District Court after pleading guilty in June 2008 to two charges of rape, six charges of sexual abuse first degree and six charges of sexual abuse of a child less than 12 years old.
Judge Thomas Head sentenced Tolbert to seven years for each of the sexual abuse charges, but those charges will run concurrently with one another.
Tolbert was sentenced to 15 years in prison on the six charges of sexually abusing a child less than 12, and that sentence will run consecutively with the other sentence.
And he was sentenced to one life sentence for the two rape charges.
The life sentence will also run consecutively with the other two.
“I know of no more despicable act one human can betray against another,” Head said.
Tolbert pleaded to these charges after he committed these 14 acts with two children, one 12 and the other 10 years old at the time.
The names of the victims and his relationships to the victims will not be released to protect their identity.
In court, Assistant District Attorney Tom Anderson requested Tolbert receive the maximum sentence, which would total two life sentences and an additional 30 years when added together.
“I can only imagine how these acts have affected (these two),” Anderson said. “This will haunt them until their last living days.
“Nothing will ever give them their childhood back.”
Tolbert, who was defended by attorney Thomas Haigh, requested a lesser sentence, saying he was remorseful for his crimes.
“I regret it everyday,” Tolbert said. “I know I was wrong for what I’ve done, but I admit my mistakes.”
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Comments
Posted by turtle (anonymous) on June 29, 2009 at 10:14 p.m. (Suggest removal)
Well, at least he admitted his guilt and has remorse. By pleading he spared those children even more pain.
Posted by NOYB (anonymous) on June 29, 2009 at 11:32 p.m. (Suggest removal)
I'm sure those two inocent children pleaded for a lesser sentence from Tolbert. But they too got a life sentence. I pray that God watches over them and comforts them.
Posted by LoveMe (anonymous) on June 30, 2009 at 12:12 a.m. (Suggest removal)
God bless those children.
Posted by elvis2 (anonymous) on June 30, 2009 at 8:19 a.m. (Suggest removal)
He may have pled guilty and said he was remorseful but that is typical of of people like him once caught . His only regret is being caught and pleading guilty was just trying for a lesser sentence . We are fortunate to have judges like Judge Head .
Posted by BeachGirl (anonymous) on June 30, 2009 at 9:29 a.m. (Suggest removal)
true elvis2. He'll 'find god' and become a devout christian. they always do. Good call from Judge Head. Maybe he'll never get out...
Posted by blissfullygreen (anonymous) on June 30, 2009 at 9:49 a.m. (Suggest removal)
It is Circuit Court by the way, not District Court.
Posted by Linden (anonymous) on June 30, 2009 at 10:10 a.m. (Suggest removal)
I hope he rots in hell.
Posted by Bamabunny (anonymous) on June 30, 2009 at 10:34 a.m. (Suggest removal)
I agree with elvis and BeachGirl......
Of course this man is going to be "remorseful" in front of a judge ready to sentence him....he is feeling sorry only for himself. People like that don't change and certainly do not change overnight.
"Surgery" is the only way that man will "change".
There is nothing that ticks me off more than someone using "God" as an excuse. I am sure that perhaps some have turned to God to change their lives but more often than none....it has been an excuse for people in prison to try to convince the right people they have "changed".
The children involved do have a life sentence because of this lower than life creep....and I pray that the right people can help them through this nightmare to give them the help they need for a chance at a normal life.
Posted by elvis2 (anonymous) on June 30, 2009 at 12:19 p.m. (Suggest removal)
Bamabunny you are so right.
Posted by countrygurl (anonymous) on June 30, 2009 at 12:40 p.m. (Suggest removal)
How can any of you judge someone that you don't even know, if he did it only him and those children and GOD know what happened, and for Linden, you rot in hell, that is just not called for... I have known him all my life and believe that true justice will be served, I will spend my last days to get the truth. Once again the justice system has failed...
Posted by rivethook (anonymous) on June 30, 2009 at 1:49 p.m. (Suggest removal)
Linden the correct phrase in not may he rot in hell its, HE WILL ROT IN HELL!!!!!!!!!
Posted by hummingbird (anonymous) on June 30, 2009 at 2:14 p.m. (Suggest removal)
GOD is the wonderful judge, and judgment day will come for all!!!!!
Posted by mommyt (anonymous) on June 30, 2009 at 4:43 p.m. (Suggest removal)
I totally agree with everyone who posted a comment, except for Countrygurl. I also know the perp, as well as the victims and it is so sad that you would say that you have known him all of your life, but do not believe what he has done. There is no question that he has done this. Those two victims are going to have to live their lives in fear...wondering if they can ever trust a man again. NO one should ever have something as valuable as their virginity taken away from them...it just is not fair and it is not the way that God intended for things to happen. I will pray for the perp continuously that he may have a good life in prison, because that is exactly where he is going to be for the rest of his life, and at this moment in time I am very grateful for the justice system.
Posted by Bamabunny (anonymous) on June 30, 2009 at 6:01 p.m. (Suggest removal)
For countrygurl....
How can we not believe he did this? He himself pled "guilty"....and whether or not you "know him" you cannot know what he did or does when others are not around.
It is hard to try to defend someone that you may think is innocent....and I do in a sense commend you for that standing up for your friend. But it seems that the evidence pointed to him and he pled "guilty"...and why would he do that if he were not guilty?
Posted by WDM (anonymous) on June 30, 2009 at 6:30 p.m. (Suggest removal)
countrygurl,he said he did it when he pleded guilty,plan and simple.And how do you know we don't know him?
Posted by elvis2 (anonymous) on June 30, 2009 at 7:25 p.m. (Suggest removal)
I don't think any of us are judging him , just glad he is where he can't hurt any more chilren .
Posted by Bamabunny (anonymous) on June 30, 2009 at 8:44 p.m. (Suggest removal)
I have no pity at all for a child molester.
Too many are paroled and back out onto the streets. Many get off on good behavior in prison where they have been in a constantly supervised and controled environment and many on medication. How could they not be on their best behavior?
They get paroled....stop taking meds and another child is victim. Child molesters do not change because they "cannot" change. It's a chemical imbalance.The only alternative is "surgery"....and I am very serious about that.
Posted by rivethook (anonymous) on June 30, 2009 at 8:52 p.m. (Suggest removal)
There’s another method its called death by lethal injection!!
Posted by OldSchoolPike3Worker (anonymous) on June 30, 2009 at 9:15 p.m. (Suggest removal)
True justice will come when this guy gets to spend a lifetime behind bars. I'm sure that he will have ample opportunity to experience what those children experienced. You reap what you sow.
Posted by Bamabunny (anonymous) on July 1, 2009 at 12:15 a.m. (Suggest removal)
OldSchoolPike3Worker you are right.
The most hated among inmates are the child molesters. I'm sure he'll have a date every night!
Posted by BeachGirl (anonymous) on July 1, 2009 at 8:59 a.m. (Suggest removal)
lol @ Bamabunny...true true...only fitting..i too have no pity for him. justice WAS served and hes just lucky in a sense it wasnt someone whose daddy didnt get ahold of him. He would no longer be on Gods earth had it been my daughter...
Posted by YEM (anonymous) on July 1, 2009 at 9:03 a.m. (Suggest removal)
So, you think it's okay for a man to be raped by another man if he is behind bars, but it's not okay for a man to have sex with a little girl?
Obviously, both scenarios are deeply disturbing and wrong. But I have no idea how you can say that he should be raped in prison.
Posted by Bamabunny (anonymous) on July 1, 2009 at 9:13 a.m. (Suggest removal)
YEM
I did not say it was "ok". It happens is what I said.
Posted by Bamabunny (anonymous) on July 1, 2009 at 9:27 a.m. (Suggest removal)
BeachGirl
A long time ago when my daughter was 6....she and a few of her friends were playing on our front lawn. I had just checked on them and about 2 minutes later I heard screaming. I looked out and saw a man pulling my daughter's arm and one of her little friends had the other arm trying to pull her back from this man. I screamed for my husband and we both ran outside. The guy saw us coming and started to run. I got all the kids inside and called 911. One thing I was trying to tell the dispatch was that "if my husband catches him he will kill him please hurry!!!"
Sure enough my husband caught him around the corner as this guy was trying to get in his van. Needless to say my husband made sure this guy was not going any where.
The cops arrested him and we found out this guy had just been released from prison for.....yep you got it...."child molestation".
Don't you know I had my daughter in my arms all night long that night. We got her "help" to overcome the fear of even going outside our own house. I know what my daughter went through and I cannot imagine the impact on a child that has actually gone through a molestation. These animals will never know what they have done to a child that stays with them their entire life.
Child molesters cannot be rehabilitated.
Posted by mommyt (anonymous) on July 1, 2009 at 10:09 a.m. (Suggest removal)
Bamabunny....
I am sooo sorry to hear what happened to your daughter. That is so terrifying. Child molesters do not need to be out in the communities and I believe that it is up to us to keep them away from our children. I am sure that your daughter needed intense counseling to deal with the trauma that she was faced with; that was brought on by that child molester.
Posted by Bamabunny (anonymous) on July 1, 2009 at 10:24 a.m. (Suggest removal)
Thanks mommyt....
Yes. It was terrifying to her and terrifying to us as well. When I think of what could have happened I get chills.
One thing I noticed too was that this guy's van had no windows...and his plates did not match on the front and back of this van. The police also found chloroform in that van. I absolutely shudder to think what could have happened to her. Like I said...I saw what she went through and I cannot fathom the feelings a child has after being molested and the trauma it causes.
I need to mention too that this was in California.
As far as I am concerned....a parent can never be overly cautious. She is married now with 2 children of her own and in the Air Force. If she goes on a trip she even calls me when she gets home to let me know she is safe. That was something she has always done that I insisted on when she was growing up. I never asked her to do it now but she just does it <s>
Posted by elvis2 (anonymous) on July 1, 2009 at 10:58 a.m. (Suggest removal)
Bamabuuny you were one of the lucky parents who was able to save your child and I'm truly glad your husband was home that day. What sentence did the guy get ? Hope it was life without any chance of parole .
YEM , quite a bit of difference between raping a small child and getting raped in prison . At least he is an adult and can fight back . I believe in the old saying "you reap what you sow".
Posted by Bamabunny (anonymous) on July 1, 2009 at 11:38 a.m. (Suggest removal)
Yes elvis we were lucky.
He was given 15 years in prison.....because he was on parole when this happened. That was in 1986.
To me and my husband....it was not long enough. He had no choice but to plead "guilty" because we were ready to testify if need be. There were also charges of auto theft....the van he was driving.
Every single story I read or hear about such slimy people brings back memories of this.
Believe me when I say you only have to look away for a split second.
I want to share this. Schools are instrumental in teaching about child abuse and molestation. BUT...parents need to take those steps further.
A "stranger" does not really wear an over coat and hat hiding his face. Anyone that the child does not know is a "stranger".
We contradict ourselves all the time. We teach our children "not to talk to strangers" but in a grocery store perhaps....a kind person BUT a stranger may want to say "hi" to your child. The child does not respond....and we have a tendency to say "well say hi to the man/lady". Don't do that! You give your child nothing but confused thoughts.
A molester does not have to even be a "stranger". It is anyone that touches a child that makes the child feel uncomfortable.
BELIEVE your child if he/she tells you that someone touched them.
Make your child stick to your side in public even if they fuss. John Walsh's son was only one aisle away from his mother in a Sears store when he was disappeared.
Give your child boundaries in your yard and make certain you can see that child in full view while he/she is playing outdoors. The most common statement by parents after a child disappears is "but I only looked away for a second!" A second is all it takes.
Know your neighbors and together with other parents....work together supervising the children while playing.
Know your neighbor hood. Go here and type in your zip code.
http://www.i-neighbors.org/index.php?gcl...
A child gps......
http://www.zoombak.com/?gclid=CK6jjMX2tJ...
Posted by WDM (anonymous) on July 1, 2009 at 6:54 p.m. (Suggest removal)
Bama very good comment,maybe it will make people think about what can happen.I am gone for afew days have a great 4th.
Posted by Bamabunny (anonymous) on July 1, 2009 at 7:08 p.m. (Suggest removal)
Thanks WDM
Have a safe weekend.
Posted by mythoughts (anonymous) on July 1, 2009 at 10:43 p.m. (Suggest removal)
Well said Bama.... There was a mother in Sam's one time her child was in the shopping cart and she turned her head to look at some meat on the meat counter when she turned back around her child was missing... they found the little girl in the men's restroom her hair had been cut and their was a bag of boys clothes their too... these parents were very fortunate... One sad thing is that about 90 percent of childhood sexual assault (I think that is correct) is by a parents new boy/girl friend or step parent... I am glad justice was served and their is one less sick preditor on the streets to victimize other children... my prayers and thoughts go out to these children and thier parents this whole family has a long hard road ahead of them , but with the right help they can be the survivors and no longer this man's victim... as not only a victim of childhood sexual abuse but also a parent of a child that has went through it I know this road all to well and like Bama every time I hear of this it brings me back in time to what me and my family had to endure... One thing that helps me is focusing on the postive changes in our lives and how much closer we have came together as a family since my daughter came forward with her abuse , and not focusing on the abuse... we set our goals for ourselves and look toward the future with high hopes and dreams... and now we have made it to the point we are not afraid to reach for those dreams...I once wondered if I would ever be "normal" again and now I realize I am... I just make better and more informed decisions for my family... everyone have a safe and happy 4 th....
Posted by Bamabunny (anonymous) on July 2, 2009 at 12:20 a.m. (Suggest removal)
mythoughts
Thank you so much for sharing your story. Sounds like you did all the right and necessary things to reach that goal.
I think about my daughter's little friend tugging on my daughter's other arm and she very well could have saved my daughter's life. There was just enough resistance to foil a kidnapping....and time enough for my husband and I to get out into the yard.
The story about the child in Sam's made me think of a similar story too. A father and his young son went to the movies. The child was about 8 and thinking he was old enough to go to the bathroom by himself...the father let him go. There was a predator that followed the little boy into the men's room. He grabbed the little boy and started to walk out of the theater as the child was screaming. Normally you would think this is a child being disruptive and the father is taking him outside. Well the little boy started to scream "THIS IS NOT MY DADDY!!!!" several times. The man dropped the little boy and ran.
Very smart little boy and very smart parents that taught this child well.
My daughter's incident happened in 1986. If the 3 strikes law had been in effect this animal would have been in prison for life. His previous conviction....the attempted kidnapping of my daughter...and the stolen vehicle he was driving....would have been those 3 strikes. The law only went into effect in 1994.
Posted by elvis2 (anonymous) on July 2, 2009 at 9:13 a.m. (Suggest removal)
Bamabunny and mythoughts , you both speak from personal experiences so you know of what you speak . I'd like to add one other thing in the detection of these animals . Believe and trust your child or any other child who tells you they have been touched or fondled . I've read of several cases where the child was not believed and where a parent was in denial that a family member would do such a thing . Too late in some cases to discover the children were telling the truth .
Posted by Bamabunny (anonymous) on July 2, 2009 at 10:09 a.m. (Suggest removal)
That was one thing I have always said too elvis. Believe your child.
Children are reluctant to lie about such things....and many times the parents when told...don't want to "rock the boat". They do not want to change or alter their own lives by addressing the issue. What they need to understand is that if the issue is brought forth by their child......their own child's life has ALREADY been altered in a very dangerous and devastating way and for as long as they live.
Posted by YEM (anonymous) on July 2, 2009 at 11:41 a.m. (Suggest removal)
Elvis2: You said "YEM , quite a bit of difference between raping a small child and getting raped in prison . At least he is an adult and can fight back ."
An adult woman can fight back. That doesn't justify her being raped.
Posted by elvis2 (anonymous) on July 2, 2009 at 1:52 p.m. (Suggest removal)
YEMM It is easy to see that you are trying your level best to start a confontation on this forum . Could be you are just another name for VOR , soldier , etc .
I nor anyone else has said rape is justifiable , be it child , woman or man . As Bamabunny pointed out rape , especially child molester's, is not thought too highly of by other prisoners, therefore they rape the rapist as a way of punishment .Many have children of their own and as we do, consider a child molester as being at the bottom of the garbage heap. Right or wrong it happens and will continue to happen in prisons. Why not accept the fact that almost everyone that has commented DOES NOT like child molesters and whatever happens to them is of their own doing .
Posted by Bamabunny (anonymous) on July 2, 2009 at 7:39 p.m. (Suggest removal)
YEM
Usually the attacker picks his victim before hand and it is usually someone that he feels he can over power.
Unfortunately many times it is a child. That is what is behind the majority of attacks like this.....the attacker needs to feel empowerment....and feel the control over his victim.
With children....the attacker is drawn to "innocence".
Posted by mythoughts (anonymous) on July 3, 2009 at 7:28 p.m. (Suggest removal)
The most important thing is for parents to keep communication and lots of it with their children... and keep in mind even if you have the talks about what is and is not okay don't always count on your child telling you... usually perpetrators of this crime will threaten thier victims to keep them silent... their victims usually wait untill they feel safe to tell... some children also don't tell because they are afraid of upsetting their parents... my daughter doesnt tell me everything that happened to her and I don't push it... parents also need to be constantly aware of their childs behavior and take note when something changes... the signs were there with my daughter but I only realized it in hindsight... the perpetraitiors of this crime never wear signs. Also parents if someone's behavior around your child does not set well with you then listen to that inner voice... its best to be a little cautious than to be blind to whats going on...
Bama I am so glad your daughter made it through sounds like God had an angel watching over her...
Everyone have a safe and happy 4th....
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