Man who thought he was messaging 15-year-old for sex gets probation
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CHUBBUCK — A man who intended to have sex with a 15-year-old girl he met on social media was sentenced to probation Monday.
Russell Tolbert, 37, began to message someone he thought was an underage girl on Facebook in October 2017. In reality, Tolbert was communicating with an undercover Chubbuck police officer, according to court documents obtained by EastIdahoNews.com
Tolbert, using the alias Russ Russ, first asked the supposed 15-year-old, “Can I be ur sugar daddy,” followed up with “Dam u r sexy.”
Over the next several months, Tolbert conversed with supposed underaged girl on Facebook. He wanted to meet up to take her to dinner and shopping.
Throughout the interaction, Tolbert sent images of himself along with sexually explicit text messages and descriptions of his sexual fantasies.
On Jan. 22 Tolbert sent a message over Facebook asking to meet up. He said he wanted her to perform oral sex. Latter that night Tolbert drove from his home in Rigby to Chubbuck, where officers apprehended him.
Tolbert denied any involvement in sending messages over Facebook and said his account was hacked. He claimed he was in Chubbuck to install security cameras at a church.
Eventually during questioning Tolbert admitted to messaging the girl on Facebook but felt the girl was older than she told him she was.
Tolbert told police he felt guilty for leaving his pregnant wife and four kids at home while he intended to have relations with another female.
He was arrested for felony enticement of of a minor under 16. However, as a part of a plea agreement, charges were reduced to felony injury of a child.
Bannock County deputy prosecutor Zachary G. Parris told EastIdahoNews.com because Tolbert felt guilt for what he had done “in good faith,” it made him a good candidate for someone who could be rehabilitated. Despite their reasoning for reducing the charges, the prosecuting attorney’s office still recommended Tolbert be given a rider, rather than probation. That recommendation was rejected though.
In the sentencing Tolbert mentioned he began receiving treatment for his pornography and sexual addictions from The Church of Jesus Christ of Latter-day Saints’ 12-step program after the plea bargain was finalized. Prosecutors say District Judge Rick Carnaroli most likely considered this in giving him a 10-year sentence of probation.
Tolbert will not be required to register as a sex offender because he was ultimately charged with a nonsexual crime.
CORRECTION: A previous version of this article includes an indirect quote from Bannock County deputy prosecutor Zachary G. Parris, which he claims was misquoted by EastIdahoNews.com. The quote, which implied the prosecutor had wanted to give Tolbert a chance to turn his life around, has been removed at Parris’ request.