A 40-year-old South St. Paul man was sentenced Oct. 24 to 28 months in the Minnesota Correctional Facility at St. Cloud after pleading guilty to two counts of third-degree assault.
Toby Terrell Rogers was originally charged with three counts of felony domestic assault, two counts of third-degree assault and a count of domestic assault by strangulation after police say he police say he beat up his pregnant girlfriend, her son and her mother in a drunken rage.
Dakota County Judge Timothy D. Wermager dismissed all of the domestic assault-related charges in exchange for Rogers' pleading guilty to assault. Wermager also stayed the imposition of the sentence for five years, meaning Rogers will stay out of prison permanently as long as he remains law abiding until 2017.
Rogers' probation also includes, but is not limited to, the following conditions:
- Undergo a domestic abuse evaluation
- Undergo psychological evaluation/treatment
- Take medications in the prescribed dosage and frequency
- Undergo chemical dependency evaluation/treatment
- No possession of alcohol or drugs until 2017
- Supply DNA sample
- No use or possession of firearms or dangerous weapons
- Have no contact with the victims
Based on the outcome of this case, it does not appear Rogers' 2005 conviction of fifth-degree domestic assault or his 2012 conviction of violation of a domestic abuse no-contact impacted Wermager's sentence.