The Virginia Court of Appeals in February upheld the Louisa County Circuit Court’s conviction of Adam Derrick Toghill, 32, of Richmond, on a charge of internet solicitation of a minor during his appeal.
During his circuit court trial on November 23, 2012, a Louisa County jury decided in less than one hour to convict Toghill and sentenced him to a mandatory minimum term of five years.
Louisa County Sheriff’s Office Deputy Patrick Siewert, who has worked on the Internet Crimes Against Children (ICAC) task force for five years, was the only witness for the Commonwealth during Toghill’s trial.
Siewert, posing as a 13-year-old girl, posted an advertisement in the “miscellaneous romance” section of Craiglist. Toghill answered the ad.
After exchanging photos, Toghill repeatedly expressed his desire to engage in oral sex. During the trial, Commonwealth’s Attorney Rusty McGuire said with each subsequent email, Toghill became more graphic in his replies.
Toghill was identified by Siewert by his email address, and during an interview at the Richmond Police Station with Siewert, Toghill admitted to chatting with the “minor” and to masturbating during the exchange. He was subsequently arrested.
During the trial, defense attorney Todd Stone, motioned to strike the language in the emails written by Toghill, stating that the language expressed a desire, not a solicitation or intent.
The court denied the motion, as well as a subsequent motion for mistrial.
After his conviction, Toghill, who is currently represented by Louisa County Defense Attorney Jack Maus, filed an appeal with the Court of Appeals of Virginia.
To read the entire story, see the March 20 edition of The Central Virginian.