Toby R. Young

WARSAW — Charges of sexual misconduct with a minor, class B felonies, were dismissed this morning, Thursday, Oct. 1, against a North Webster man. Instead, he was sentenced on a charge of burglary, a class C felony, which was added on Aug. 18.

Kosciusko Superior Court I Judge David Cates sentenced Toby Reed Young, 44, 6127 N. 950E, North Webster, to three years, with 1 1/2 years suspended to be served on probation, in accordance with a plea agreement. An addendum was filed regarding special probation conditions, which Young must follow.

The special probation conditions, noted in open court, include no direct or indirect contact with the victim or her family, no consumption of alcohol or controlled substances and participation in treatment programs set forth in the addendum.

Cates acknowledged Young’s incarceration would create a hardship on his family. He also noted probation officials felt he, Young, would be at low risk to re-offend. He also stated “there is some evidence of a substance abuse history that needs to be addressed and can be taken care of in the special probation conditions.”

Young appeared in Kosciusko Superior Court on Aug. 18 for a plea agreement hearing. It was at that time the prosecution filed a motion to amend his charging information, adding the charge of burglary, a class C felony. The motion was granted and plea agreement based on the new charge was taken under advisement.

No court documentation regarding what prompted the burglary charge is available.

During today’s hearing Christanne Hampton, deputy prosecuting attorney, stated the case was originally handled by Brad Voelz, who had direct and constant contact with the family throughout the case’s progression. The family has since moved out of state and the victim and family have been made aware and accepted the plea agreement.

Hampton further stated it was in the best interest of the victim to move on with her life, which she has done.

Matthew Buehler, attorney for Young, asked the court for an alternative sentence to serving his time in jail. He stated Young had been accepted in the Michiana Community Corrections, Elkhart/South Bend, a private correctional institution offering home detention, daily reporting and other services. It was also noted he would be accepted to the Kosciusko County Work Release program.

Buehler stated he has worked at his present job for 4 1/2 years and resides with his wife and son, working and providing for his family. He has a desire to be a part of his family’s life and/or be employed to provide for his family.

Young was charged in April, 2014, on charges of sexual misconduct with a minor between December, 2010, and Feb. 17, 2011, which allegedly included fondling, oral sex and sexual intercourse in exchange for providing cigarettes for the young female.

Related: Man Denies Sex Crimes With Teen