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SSP Man Given Probation After Judge Dismisses Four of Six Felony Counts

Toby Terrell Rogers was charged with six felonies after police say he police say he beat up his pregnant girlfriend, choked her son and punched her mother in a drunken rage.

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.

yomammy October 26, 2012 at 11:55 AM
just keep letting em go....
Diane Baum October 26, 2012 at 04:21 PM
Are you kidding me? I mean...really? Why not offer him a lollipop and a beer too...as well as a high five for a job well done! Way to go---and this is from a JUDGE????? Back in 2005 I also was abused in a very similar manner by my now ex-husband. IGH police did NOT file the paperwork necessary to have him charged formally in time for the hearing, so after five days he was let go from jail. It was five days in jail initially because it occurred on a Friday night of a holiday weekend. I was incensed when I heard about it at the courthouse, where I was prepared to press charges...only there were no charges to file. After 25 YEARS of abuse from him...nothing. Bupkis! Such vindication! Back in 1983, Farrah Fawcett was in a movie titled, "The Burning Bed," about an abused wife who finally took care of the problem by setting her husband on fire. Why did she take care of it herself? Because of police who turned their backs on her...and her own folks as well as his who "ignored" the problem. I am always hoping that since then, our laws would have changed for the better. They haven't because of some glitch somewhere on the line of the law. Can this judge sleep at night? I know that as long as there are offenders such as this...no one can. Ask those kids if they can sleep peacefully knowing that monster is going to haunt them. My heart is grieving...as the song goes, "bless the beasts and the children...in this world they have no voice--they have no choice..."
Kim C October 26, 2012 at 09:57 PM
I will never live in Dakota County again. It isn't just women they let those men get away with abusing, it is children too. Dakota Counties entire system failed my children all the while I fought them to not make my kids go to his house. Many police records and the police, child protection and the judges still made my children go to his house. The whole situation was horrific and it has effected my children for the rest of their lives. They also allowed him to be a "deadbeat dad."
Patricia Buss October 29, 2012 at 01:02 PM
It seems this article was not well-researched before it was written. The dismissal of some of the charges was likely the result of plea .egoiations between the prosecutor and decense attorney. A judge cannot dismiss charges in exchange for a guilty plea unless the prosecutor agrees. All prior convictions are considered in sentencing because they are built into the Minnesota Sentencing Guidelines. Under the Guidelines, prior convictions are used to calculate a criminal history score and the a grid tells the judge if the defendant goes to prison or gets probation and for how long. Judge Wermager is a very thoughtful judge who does not deserve the criticism based on this very pooy written article.

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