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Suspect in OSU student's murder arrested three months after getting out of prison

The man charged with the murder of Ohio State student Reagan Tokes was arrested just three months after getting out of prison for another violent crime.

He robbed two women and tried to rape one of them in Grove City in 2010. The alleged rape happened while the victim's toddler was in the car with them.

Golsby pleaded guilty to robbery and attempted rape. He faced 16 years in prison, but took a plea deal for six years.

"As a former prosecutor I think, 'what if I had been that prosecutor that did the sentence for the prior crime?'" said Ric Simmons, a former New York City prosecutor who now teaches at the Moritz College of Law at Ohio State. "A rape case is going to be very hard to prosecute. Rape victims may not want to testify. You might not want to put them through that and there's a chance always you'll get an acquittal."

Simmons said six years might sound like a light sentence, but it all depends how strong the case is.

"When you take a case to trial, there's a risk, and a greater risk in sex assault cases, that you're not going to win and that the person goes free," he said.

Franklin County Prosecutor Ron O'Brien wouldn't say if he felt the six-year sentence Golsby originally received was the right call.

"I haven't had a chance to review the file yet," O'Brien said.

Simmons said the jail time in a plea deal would be typically based on the evidence, the age of the defendant and their criminal history. At the time, Golsby was a 22-year-old who had no violent crimes on his adult record.

"It would be great if we could know that in ten years he's still going to be dangerous," Simmons said. "We don't always know that."

He said Golsby's case might lead to tougher sentences for other people trying to take a plea deal.

If Golsby is found guilty, Simmons said prosecutors will be able to make the case for a life sentence or possibly the death penalty. O'Brien said he was reviewing the case to see if he'll go for the death penalty.

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