Sentence is nearly 5 years in sex abuse case

Sixth District Carlton County Judge Amy Lukasavitz commended 22-year-old Ricky Onefeather Tobolaski for taking responsibility for his actions — a rare occurrence in these types of cases, she said — and then sentenced him to four years and nine months in prison.

Under the terms of a plea agreement, the Mahtowa man pleaded guilty to third-degree criminal sexual conductbafter originally being charged with first-degree criminal sexual conduct. Tobolaski also pleaded guilty to a charge of possession of pornography. A first-degree criminal sexual conduct charge carries a presumptive sentence of 144 months (12 years) and a maximum of 30 years.

Tobolaski has been in Carlton County Jail since he was arrested in June 2023 on charges of possession of pornographic work involving a minor under the age of 14, along with possessing pornographic work electronically.

In October, first-degree criminal sexual conduct charges were filed after a mandated reporter told the Carlton County Sheriff’s Office that Tobeleski had abused a girl, then age 7, one night several years ago when he was babysitting her. The victim said she reported the abuse because she was worried Tobolaski might do the same thing to someone else.

According to the criminal complaint, in a forensic interview, the girl alleged that Tobolaski had come into her room and let her play on his phone. He then pulled down her pants and performed oral sex. Afterward he let her play on his phone again. Tobeleski was 16 at the time, but he was charged as an adult because charges were filed after he turned 21.

There were no victim impact statements in the courtroom Monday.

“I can tell the court there has been harm caused by Tobolaski’s actions,” Carlton County Attorney Lauri Ketola said, adding that the defendant had acknowledged he caused harm.

Tobolaski addressed the court, saying he was happy to reach a resolution “where I serve time and take responsibility for my actions.”

“I’m ready to better myself and change. I thank everyone for that.”

His attorney said Tobolaski has shown great remorse. He has also taken advantage of available programming since he’s been in jail, a total of 402 days as of Monday.

“I want to take this opportunity to thank you for taking responsibility,” Judge Lukasavitz said. “We don’t often see the candor you provided when you [pleaded guilty]. The fact that you’re going into prison with the mindset to take advantage of all the programming is remarkable. I wish you all the best going forward.”

Judge Lukasavitz also sentenced Tobolaski to 25 months on the charge of possession of pornographic work on a computer, to be served at the same time as the other sentence. The charge of possession of pornographic images of a minor under age 14 was dismissed under the plea deal.

“I appreciate it when someone takes responsibility for their actions,” Ketola said after the hearing. Tobolaski provided a factual basis for the charges in the plea deal, she said.

Tobolaski will serve at least two-thirds of his total sentence, with the final one-third possibly spent on parole, provided he doesn’t violate any of the terms of his sentencing or otherwise get in trouble while he’s in prison. He will receive credit for the 402 days already served.

Tobolaski will be required to submit a DNA sample. He will also have a 10-year conditional release period after his release from prison and must register as a sex offender for the rest of his life.