DAYTON, Ohio -- The attorney for a Hamilton man accused of having sex with a pool raft entered a plea of not guilty by reason of insanity on behalf of her client during a pre-trial hearing this morning.
Defense attorney Ramona Daniels also entered a motion in Butler County Common Pleas Court questioning Edwin Charles Tobergta’s competency to stand trial. Judge Charles Pater ordered that Tobergta, 34, undergo a psychological evaluation that is expected to take about six weeks to complete. Tobergta is schedule to appear again in court on Sept. 17.
Tobergta, of Harmon Avenue in Hamilton, was arrested June 17 for allegedly stepping out his back door naked at about 1:20 p.m. on June 15 and having “sexual relations with a rubber pool float,” according to a Hamilton police report.
Tobergta was indicted by a Butler County grand jury last month for public indecency, a fifth-degree felony. If convicted, he faces 12 months behind bars.
Theresa Teague’s 10-year-old daughter was enjoying her new swimming pool June 15 when she ran back inside her house and said, “Edwin was doing something weird out there,” the Hamilton resident told the JournalNews.
Tobergta was allegedly engaging in the sex act with an orange inflatable toy that Teague said a neighbor had put out for the trash.
Tobergta has been arrested for similar offenses, according to Hamilton Municipal Court records.
In August 2011, he was arrested at his home after he was seen engaging in sexual conduct with a pink inflatable swimming pool raft, according to police records.
The incident allegedly occurred in an alley behind his home. The witness, who was the owner of the raft, reported to police that the suspect took the raft with him after being shouted at to stop, according to records.
After the 2011 arrest, police said Tobergta admitted to the act and told officers that he has a problem and needs help.
Following a 2008 conviction for felony public indecency, Tobergta was sentenced to five years community control.
In that incident, officers responded to a home on Howell Avenue to a report of a naked man standing in a neighbor’s yard and engaging in sexual activity, according to records.
Butler County Common Pleas Judge Noah Powers said in 2008 that he sentenced Tobergta to community control so he could get help for a mental disability and drug problems.
In 2006, Tobergta was charged with public indecency and aggravated menacing while being held at the Butler County Jail. Deputies reported that Tobergta began to remove his uniform and exposed his genitals to a corrections officer.
Deputies reported Tobergta refused to put his uniform back on, attempted to grab an officer, then threatened that officer.
Tobergta is being held at the Butler County Jail on $25,000 bond.