HAMILTON, Ohio – A Butler County judge sentenced Edwin Tobergta to 11 months behind bars for having sex with a pool raft in public.
“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 Butler County Common Pleas Court Judge Charles Pater.
Tobergta was arrested in June after children and others witnessed him commit the act.
“She said look, what he's doing?” Tobergta’s neighbor, Megan Lefevers said in court, relating what her 7-and-8-year-old daughters said when they caught Tobergta in the act.
Tobergta pleaded guilty to the charge of committing a lewd act in September. He was charged for similar offenses involving plastic in 2008 and 2011.
In court, before Dayton, Ohio television station WHIO cameras, Tobergta apologized for his actions as he asked for leniency in his sentencing.
“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 said. “I'm ready to get my life together and quit all this nonsense.”
Defense attorney Ramona Daniels had hoped Pater would have placed Tobergta in a new program for sex offenders who suffer from developmental disabilities, WHIO reported.
Professionals determined Tobergta suffers from developmental disabilities.
In September though, Tobergta was ruled competent to stand trial.
Pater stated he hoped Tobergta took advantage of the new program once out of prison. Tobergta faces three years probation and must pay all court costs after serving his sentence.