TOOF ORDERED TO BE RELEASED PENDING TRIAL FOR SEXUALLY ASSAULTING STUDENT
By Gregory J. Lamoureux
County Courier
ST. ALBANS: Judge Howard VanBenthuysen today agreed to release Matthew Toof, the man accused of sexually assaulting a Georgia Elementary School student for the past six years, beginning when the girl was 11 years old.
Initially, the court had set a bail review hearing to determine if there was enough evidence to continue to hold Toof, or if some combination of bail and conditions of release could ensure the safety of the public.
Usually, bail review hearings include a presentation of evidence, essentially a paired down version of a trial, but in this case, the State said their complaining witness was not able to testify for such a hearing, leading prosecutors and the defense to negotiate terms of his release.
“The complaining witness is not in a position to testify in an evidentiary hearing given the great amount of public interest and media attention,” prosecuting attorney Diane Wheeler said, “She has not had an opportunity to process it in an appropriate therapeutic way.”
Wheeler also said the alleged victim did not want her statement played on the record at this point in time for everyone to hear, leading the prosecutor and defense to come up with an arrangement to allow conditions of release for Toof.
Those conditions ban Toof from being outside the custody of his parents, Brian or Virginia Toof, and that he has a 24-hour curfew, except for legal appointments and medical appointments. Toof will also be allowed to be outside in the community as long as he is with one of his parents, and it is during school hours.
Toof is also barred from going on any school grounds, residing with or associating with any children, and must not possess alcohol or deadly weapons. He may be arrested without a warrant if police find that he is violating his conditions of release.
If Toof does leave the residence for any of the court-approved activities, he must avoid the St. Abans area to help protect Toof and the victim from running into each other.
SEE RELATED: EX-COACH, ELEMENTARY SCHOOL TEACHER CHARGED WITH SEXUALLY ASSAULTING STUDENT
Toof must post $5,000 cash to the court for his initial release, followed by a $50,000 appearance bond by January 7th.
The agreement set forth between the State and Toof indicates that law enforcement will do daily checks, at least in the interim, at the Toof residence to ensure that the defendant has not absconded.
Brian Toof asked the Judge if his son would be allowed outside to work, such as mowing the lawn or shoveling snow. Judge VanBenthuysen said he could go outside as long as he stayed on their Savage Street property.
Toof faces two sex charges in connection to the rape of his former student- Repeated aggravated sexual assault of a child, as well as lewd and lascivious conduct with a child. If convicted, Toof could be sentenced to life just on the aggravated sexual assault charge.
Toof had been held at Northwest Correctional Center in St. Albans Town since his arrest Wednesday evening.
