Name: Dennis Ray Toy
U.S. V. Toy No. NMCCA 200001418
Conviction Date: March 18, 2000
Sentence adjudged 04 April
Decided 29 July 2004
Plea: Not Guilty
Charges: Sodomy of a child
Military Branch: U.S. Navy
Listed In National Sex Offenders Registry? Yes,
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Dennis R. Toy
Sonar Technician (Submarine) First Class (E-6), U. S. Navy
Convicted Sex Offender
Rape And Sodomy Of A Child
Sentence adjudged 28 September 2004. Military Judge: J. Schum. Review pursuant to Article 66(c), UCMJ, of General Court-Martial convened by Commander, Navy Region Hawaii, Pearl Harbor, HI.
The appellant was tried by a general court-martial composed of officer and enlisted members. Contrary to his pleas, the appellant was convicted of one specification of forcible sodomy with a child between 12 and 16 years old, one specification of sodomy with a child between 12 and 16 years old, and five specifications of committing indecent acts with another (three specifications with a child under the age of 16 years), all with the same step-daughter-victim. The appellant's crimes violated Articles 125 and 134, Uniform Code of Military Justice, 10 U.S.C. §§ 925 and 934.
The appellant was sentenced to confinement for 20 years, reduction to pay grade E-1, total forfeiture of pay and allowances, and a dishonorable discharge. The convening authority approved the adjudged sentence and, in an act of clemency, suspended the adjudged forfeitures for 20 years and waived automatic forfeitures for 6 months.
In a published decision, this court set aside one specification of forcible sodomy with a child and one specification of indecent acts with a child because prosecution of those specifications was barred by the statute of limitations, and we returned the record for a rehearing on sentence, if practicable. Otherwise, we concluded that the findings were correct in law and fact and that no error materially prejudicial to the substantial rights of the appellant was committed, and we affirmed the remaining findings. United States v. Toy, 60 M.J. 598 (N.M.Ct.Crim.App. 2004).
On sentence rehearing, a military judge sitting as a general court-martial sentenced the appellant to confinement for 15 years, reduction to pay grade E-1, total forfeiture of pay and allowances, and a dishonorable discharge. The convening authority approved the adjudged sentence and, pursuant to a pretrial agreement, suspended confinement in excess of 10 years for 12 months from the date the appellant is released from confinement. The record is now before us following the appellant’s rehearing on sentence.
The appellant married a woman who had two daughters by a previous marriage. One of the daughters, M, was 10 years old when the appellant began dating her mother, and she developed a crush on the appellant. The appellant married M’s mother in 1995 when M was 13 years old, and the family transferred to Hawaii shortly thereafter. In 1997, when M was 15 years old, the appellant performed oral sex on her and had her perform oral sex on him. When M was 16 years old, the appellant engaged in sexual intercourse with her on two occasions.
The appellant's crimes of child sex abuse against his step-daughter are reprehensible and warrant a substantial period of confinement. The appellant took advantage of a confused young girl who thought she was in love with him, and did so over the course of an extended period of time. He betrayed the trust of both his wife and step-daughter, and continued the abuse even after his wife confronted him about it. His step-daughter went from honor roll student to high school drop-out in a matter of months after the offenses came to light. Taking into account all the facts and circumstances, including the appellant’s 18 years of naval service, and mindful of our responsibility to maintain general sentence uniformity among cases under our cognizance, United States v. Lacy, 50 M.J. 286, 287-88 (C.A.A.F. 1999), we find the imposition of 15 years of confinement, combined with reduction to pay grade E-1, total forfeiture of pay and allowances, and a dishonorable discharge to be appropriate for this offender and these offenses. Accordingly, we affirm the sentence as adjudged and approved below on rehearing.
According to internet records, Toy may be self-employed as a home improvement contractor as of December 15, 2010.
