Virginia:

IN THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH
Commonwealth of Virginia,
Plaintiff
v.

Docket #: CR18-616

Todd Shane Tomko
DOB: 11/07/1963
SSN:
Defendant

Plea Agreement
THIS DAY came the defendant, Todd Shane Tomko, Greg McCormack and
Jarrett McCormack, the Attorneys for the defendant and Janee Joslin and Shannon Sadler,
the Attorneys for the Commonwealth, and represented to this Court that the parties have
entered into the following plea agreement in accord with Rule 3:A:8(C).
1. That the Defendant stands indicted in this Court for the following offense(s): 3
counts Indecent Liberties in violation of Virginia Code Section(s) 18.2-370; 3
counts of Aggravated Sexual Battery in violation of Virginia Code Section(s)
18.2-67.3; and one count of Child Abuse and Neglect in violation of Virginia
Code Section(s) 40.1-103.
2. The Commonwealth shall, prior to arraignment, nolle pross: 3 counts of Indecent
Liberties [§18.2-370], and one count of Child Abuse and Neglect [§40.1-103].
3. The Commonwealth shall, prior to arraignment, amend the 3 counts of
Aggravated Sexual Battery [§18.2-67.3] to 3 counts of misdemeanor Assault and
Battery in violation of Virginia Code Section18.2-57.
4. That the defendant pleads guilty by way of Alford plea to the following charges:
Offense
Assault and Battery

Code
Section
18.2-57

Assault and Battery

18.2-57

Assault and Battery

18.2-57

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Term
Imposed
12
months
12
months
12
months

Term
Suspended
6 months
6 months
6 months

 The total sentence imposed is 36 months with all but 18 months suspended.
5. The defendant shall receive credit for time served in the Virginia Beach City Jail,
as well as credit for time served awaiting extradition from Illinois.
6. The incarceration suspended in paragraph 2 above shall be suspended upon the
following terms and conditions:
a.
The defendant shall remain of uniform good behavior during
incarceration and for 2 years thereafter.
b.
The defendant shall have no contact with the victims or their parents.
This no contact condition includes third party communication, as well
as communication via telephone, email, social media, or in person.
c.
The defendant shall pay costs as the Court may direct.
7. That this plea agreement is the total agreement between the parties and there have
been no other inducements, promises, threats or coercion of any kind imposed
upon the defendant or suggested to the defendant by the Attorney for the
Commonwealth or any agent of the Commonwealth.
8. That no judge of the Circuit Court participated in any discussion leading to this
agreement under Rule 3A:8.
In support of this agreement, the defendant, the Attorney for the defendant and the
Attorney for the Commonwealth hereto affix their signatures.
ACTIVE TIME TO SERVE: 18 MONTHS
[X]JAIL [ ]PENITENTIARY

__________________________________Todd Shane Tomko, Defendant
__________________________________Attorney for the Defendant
__________________________________Attorney for the Commonwealth

Filed this _____ day of July , 2018.
Accepted this _____day of July , 2018.
Rejected this ______day of July , 2018.

_________________________________
JUDGE
OCA File Number: VAB17-8879

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