Former deputy sheriff given probation, work furlough in insurance fraud case

April 10--Sheriff's investigators secretly recorded the deputy lifting weights at the gym.

Dumbells weighing 80 pounds in each hand. Leg presses of 600 pounds. "Dead lifts" of 315 pounds from floor to hips.

Impressive for a man out on worker's compensation for a back injury reportedly caused by lifting two five-gallon water bottles.

The video provided evidence investigators needed to arrest Deputy Matthew Tobolsky last year on 14 counts of insurance fraud and related charges. He was a six-year San Diego County Sheriff's Department veteran.

He pleaded guilty to one count on March 2 and resigned March 19 from the department, Deputy District Attorney Alan Kessler said.

On Tuesday, San Diego Superior Court Judge Polly Shamoon sentenced Tobolsky, 40, to three years' probation and 180 days in work furlough.

The former sheriff's deputy faced a sentencing range from probation to five years in county jail for the single felony count, Kessler said.

Tobolsky was accused of defrauding the state worker's compensation system, causing $57,000 in losses -- $46,000 of which was paid directly to him.

The amount of restitution he will actually be required to pay is still in dispute, Kessler said. He said Deputy Public Defender Edward Neusteter argued that the original worker's compensation claim was legitimate, and the fraud occurred later, after some valid payments had been made to Tobolsky.

Kessler said Tobolsky first ran afoul of the law when he was arrested in August 2016 on a domestic violence charge. He pleaded guilty to vandalism. He was placed on probation, given two days' credit for time served in jail, and was ordered to attend a domestic violence program.

He was not fired, but was assigned to administrative duties. Kessler said it was during that assignment, in January 2017, that he claimed to have hurt his back lifting office water bottles. No one else saw it, the prosecutor said.

Tobolsky said his pain was too severe even for continued light duty, so he went off work and received worker's compensation. When Tobolsky's injury didn't seem to be improving, sheriff's investigators followed him to a gym and shot video of him lifting the heavy weights, Kessler said.

Prosecutors announced Tobolsky's arrest last September.

Kessler said he argued on Tuesday that Tobolsky deserved 270 days in custody. The defense argued that the ex-deputy is the primary caregiver for his children and custody would be a hardship for them. He said, too, that Tobolsky would be at risk among other inmates if incarcerated.

Tobolsky apologized for what he had done. His ex-wife, family and friends sent letters of support for the judge to consider.

The judge balanced her sentencing options and settled on a middle ground with probation, work furlough and yet-to-be-determined restitution.

pauline.repard@sduniontribune

Twitter: @pdrepard

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