Jury says accused is not guilty of rape, guilty of indecent liberties

A jury on Thursday found a man facing several felony charges not guilty of five counts of rape and guilty on one count of aggravated indecent liberties with a child.

A three-day jury trial in the case of Brady F. Toole, 25, concluded Thursday afternoon after the jury issued its verdict following more than three hours of deliberation. Bourbon County District Judge Mark Ward presided over proceedings, which began Tuesday with jury selection.

The defendant's attorney is Robert Myers, a Columbus lawyer. Miami County Attorney Elizabeth Sweeney-Reeder represented the state in the prosecution.

Toole initially faced six counts of rape and four counts of aggravated indecent liberties with a child for alleged incidents involving a minor child at a Fort Scott residence in 2007. While going over jury instructions with attorneys in the case and jurors on Thursday, Ward said charges jurors would consider are five counts of rape and one count of aggravated indecent liberties with a child. The defendant had previously pleaded not guilty to all charges.

Following the verdict, Ward polled the jury to confirm each juror's decision and then released jurors from their service.

Ward ordered Toole remanded to the custody of the Bourbon County Sheriff's Office following his felony conviction and also revoked bond. Ward and attorneys in the case scheduled sentencing for 9 a.m. July 6.