A judge in the 1st District Court denied a motion to dismiss a new sex abuse case against 56-year-old Jay Toombs, who is already in prison on similar charges.

In July 2012, Toombs was charged with five counts of sodomy on a child and five counts of aggravated sexual abuse of a child, all first-degree felony offenses.

His case is scheduled to be heard by a jury in April 2014.

In 2000, Toombs was convicted of aggravated sexual abuse of a child for fondling a 10-year-old boy in 1993-94. He was sentenced to between five years and life in prison.

The new charges were filed last year, about 10 days before a scheduled hearing with the parole board where Toombs’ release was to be considered.

The hearing was canceled and Toombs remains incarcerated at the Utah State Prison. He made an initial appearance on the new charges in August 2012, and in January 2013, Judge Clint Judkins determined there was sufficient evidence to continue with proceedings.

This summer, Toombs’ attorney canceled a jury trial and filed a motion to dismiss the case.

According to attorney Susanne Gustin, the statute of limitations ran out on these charges in 2004, and therefore, the case against Toombs should be permanently dismissed.

The dispute surrounding the statute of limitations centered around the report of sexual abuse.

According to Gustin, the abuse in this case was first reported to police in 2000, while detectives were investigating separate allegations.

At that time, a Logan woman provided police with a written statement expressing her concerns about a small boy living across the street from her. Based on a conversation with a member of the boy’s family, she believed the child had been molested by Toombs.

A 60-page report that included any and all complaints regarding Jay Toombs included one page referencing this victim. Police also had a tape-recorded conversation with the woman, as well as her written statement.

Gustin believes these items constitute an official report to police.

“If this isn’t a report, then what is?” she said. “Just because they didn’t get DCFS (Division of Child and Family Services) and investigate further doesn’t let them off the hook.”

Lt. Rod Peterson testified Thursday, saying a separate police report had never been created regarding this child.

Based on the information he received, he contacted the boy’s parents.

“The mother was not cooperative and very adamant — she was a very big supporter of Jay Toombs, and she outright refused,” Peterson said. “She would not allow me to access her son.”

Peterson said he did not feel like he had sufficient evidence to pursue the investigation in regards to this child and did not take the case any further.

In his ruling Thursday, Judge Brian Cannell said he could not conclude that the information provided to police in 2000 constituted a formal police report, based upon three tests established in a previous Supreme Court case addressing a similar issue.

Toombs’ case has not been dismissed and is scheduled for a jury trial next spring.

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Twitter: @amacavinta

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