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A Crestwood man accused of rape and sodomy after he fled to Miami with a 16-year-old girl in 2011 has been indicted for additional criminal charges.
Toby Mason, now 54, skipped town in May 2011 with a teenager he met several months earlier while playing video games. The teenager packed clothes and toiletries and left home during the night. She left a note for her mother, explaining she left for an adventure and would someday return.
Ten days later, U.S. Marshals located the teenager in a Miami motel room with Mason and another local man, Edgar Kidwell, more than 1,000 miles away from home.
Mason did not have a car, and the teenager did not have a driver’s license.
In 2011, an Oldham County grand jury indicted Mason rape, sodomy, custodial interference and drug use.
The Commonwealth Attorney’s office presented a new case to the grand jury on Jan. 11, after receiving new information from the teenager.
The grand jury returned an indictment of 15 criminal charges, including:
The Oldham Era does not identify victims of sex crimes.
Mason pleaded not guilty to the crimes.
According to the indictment, Mason’s custodial interference charge stems from May 9, 2011, when he left town with the teenager.
All other charges stem from incidents that allegedly occurred after Dec. 1, 2010, and prior to the teenager’s 16th birthday in 2011.
In Kentucky, the age of consent is 16.
Mason’s previous felony conviction took place Aug. 14, 2009, in Jefferson County.
His conviction includes failure to register as a broker, sales of unregistered securities and theft by failure to make required disposition of property.
His trial was previously scheduled to begin Jan. 14, however, his trial has been postponed to March 4.
During his arraignment on Friday, Commonwealth’s Attorney Courtney Baxter said the bulk of the prosecution’s case against Mason comes from four video recordings that range from 30 seconds to 10 minutes.
Mason is scheduled to appear in Oldham circuit court Feb. 7 for a pretrial conference. He is lodged in the Oldham County Jail on $50,000 bond.
In 2011, when the teenager left home, her mother spoke to The Oldham Era about her daughter’s possible whereabouts.
She told The Era she immediately thought of Toby Mason the morning she discovered her daughter wasn’t asleep in her bedroom.
At the time, the teenager’s mother only knew Mason as the parent of another teen girl.
But a few hours after she found her daughter’s runaway note, she learned there is no relation between Mason and the teen she believed was Mason’s daughter.
Investigators said the runaway teen told a handful of friends she was headed to Florida with Mason before she left town.
Mason had given the teenager a cell phone earlier in 2011.
Her mother told The Oldham Era that Mason is the first person she spoke to — even before she notified police — as she searched for her daughter.
Mason answered the teenager’s phone and told her mother that the teen had “wanted to do something like” leave home for a while.
In the first 24 hours that she couldn’t locate her daughter, the woman learned that Mason was a convicted felon who allegedly allowed drug use in his home.
She was shocked.
After all, the woman spoke to Mason on several occasions and often drove her daughter to his home and allowed her to spend the night.
Although she had never been inside, she allowed her daughter to spend the night in Mason’s home – under the ruse that she was spending the night with another teen girl.
She described her daughter as a typical teenager who loved to spend time with her friends and text messaging her friends. Her daughter was a good student who did her homework in the afternoon and never skipped school, she said.
As a parent of a teenager, the mother said she knew to be suspicious of drug and alcohol use by her daughter, but said she had looked for signs and had no evidence that her daughter could be mixed up in the wrong crowd or making poor decisions until she left home in the middle of the night.
The mother said she wished she had trusted her gut feeling about Mason. When she first met him, she thought of him as overconfident and arrogant. Mason told stories about working for the CIA that didn’t add up, she said.
“I blame myself, too, for being so trusting and naive and not questioning him more,” the mother said in 2011.
Kidwell, the Kentucky man found by U.S. Marshals in a Miami hotel room with Mason and the teen girl, is expected to testify in the Commonwealth’s case against Mason.
His charges were resolved in Oldham district court.
The teenager will be 17 when Mason’s trial begins. It is unclear whether she will testify at the trial.
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