Granby Man Pleads Guilty to One Count of Sexually Assaulting a Child

Granby resident Brian Scott Toth pleaded guilty in Superior Court in Enfield on Dec. 8 to one count of fourth-degree sexual assault, according to court documents.

Toth, 37, made his plea under the Alford Doctrine, in which he does not admit guilt, but he recognizes that there was enough evidence for the prosecution to receive a conviction at trial.

Pursuant to Connecticut law, a person is guilty of sexual assault in the fourth degree when he or she engages in sexual contact with a child who is under the age of 13, but over the age of two.

Toth was arrested on July 8, 2010, and charged with one count of fourth degree sexual assault and one count of risk of injury to a child, according to court documents. The arrest stemmed from a May 2010 complaint the state Department of Child and Family Services received from the victim’s father that Toth had inappropriately touched the victim, who was 3 years old at the time, according to the arrest warrant. A DCF representative called Granby police the following day.

Toth was arrested a second time on July 22, 2010, and charged with four counts of violating a protective order for having contact on four separate occasions with the victim’s mother, with whom Toth was living and to whom he was engaged prior to his first arrest. The victim's mother had obtained a protective order on June 22, 2010, which prohibited Toth from having contact with her or the victim, according to court documents. Toth subsequently attempted to communicate with the victim's mother via text messages three times and by sending her a card, court documents said.

The plea was entered with the court in accordance with an agreement with the prosecution under which Toth will receive a 5-year prison sentence, suspended after one year, and 10 years’ probation, according to senior assistant state’s attorney Debra Collins, who prosecuted the case.

In addition, Toth will have to register with the state’s sex offender registry, and he is prohibited from having contact with the victim and the victim’s mother, Collins said.

In exchange for the guilty plea, the charges of risk of injury to a minor and the four counts of violating a protective order will be dropped, provided that the agreement is accepted by the court, Collins said.

Toth is scheduled to be sentenced on Jan. 26, at which the judge will have the opportunity to accept, reject or modify the plea agreement. The victim’s parents have a right to argue the terms of the agreement at that hearing, Collins said.

Collins declined to comment on the plea, as did Toth’s attorney, Patrick Tomasiewicz.