Grove City police arrested and charged Brian Lee Golsby in the death of Ohio State student Reagan Tokes. Credit: Courtsey of Grove City Police Facebook page

The suspect arrested early Saturday morning in connection with the death of Ohio State student Reagan Tokes had recently finished serving an almost six-year sentence for robbery and attempted rape. Given the new charges filed against him, many are wondering why the suspect was back on the streets.

Brian Lee Golsby — who was charged with aggravated murder, aggravated kidnapping and aggravated robbery by the Grove City Division of Police early Saturday morning for his alleged involvement in Tokes’ death — finished his previous sentence on Nov. 13.

In its original statement, the Grove City Division of Police said Golsby had been convicted of kidnapping and rape. According to court records, Golsby was accused of kidnapping and attempted rape (though not rape), but the kidnapping charge was not pursued by prosecutors, and he pleaded guilty of robbery and attempted rape, according to court records.

Court records reviewed Saturday afternoon by The Lantern indicate that on May 26, 2011, Golsby, who was represented by public defender Mitch Williams, pleaded guilty to the second-degree felonies he was facing: attempted rape and robbery. The victim in both cases was listed as female.

Golsby also pleaded guilty on May 26, 2011, to attempted theft, a first-degree misdemeanor.

The attempted theft occurred on July 31, 2010, while the robbery charge and attempted rape occurred on Nov. 3, 2010, and Nov. 17, 2010, respectively. A warrant for Golsby’s arrest was issued on Nov. 24, 2010, and it was served two days later.

William Davies, the assistant prosecuting attorney, and Williams jointly recommended a six-year sentence for the robbery charge and a mandatory six-year sentence for the charge of attempted rape to run concurrently, meaning Golsby would serve them at the same time. However, Golsby had accrued 192 days of jail credit time, which refers to the days a defendant spends in jail prior to their conviction. Jail credit time is deducted from the defendant’s sentence.

In the case of Golsby, 192 days equates to just over six months. That helps explain why Golsby’s sentence expired on Nov. 13, 2016, instead of expiring in May 2017, which was six years from his sentencing.

In general, the sentences for rape are longer when the survivor is under the age of 13, according to a report from the Ohio Supreme Court. The age of the survivor in Golsby’s case is unclear.

As a part of his sentencing in 2011, Golsby had to register as a Tier-III sex offender, which carries with it the most strict requirements for sex offenders. Tier-III sex offenders like Golsby must register with the county sheriff every 90 days for the rest of their life. A Tier-II offender, for instance, must register every 180 days for 25 years. All registered sex offenders must notify their sheriff’s office of changes in address, employment and enrollment in school. But, additionally, those living within 1,250 feet of Tier-III offenders, as well as schools and day-care providers within that same radius, are notified.

Sex offenders are required to register within 72 hours of their release from prison in the county where they intend to live. If Golsby first registered with the sheriff’s office on the date of his release, the next time he would need to register would have been Friday, just two days after he allegedly kidnapped and murdered Tokes.