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Matthew Tobolsky, 40, a former San Diego County sheriff's deputy who filed for workers' compensation for an alleged back injury, was sentenced Tuesday, April 10^th 2018, to three years’ probation and 180 days in custody.

In October of 2017, Tobolsky pleaded not-guilty to charges of workers’ compensation fraud. While being investigated, he was seen lifting heavy weights after he claimed he was unable to do even light duty. He changed his plea to guilty last month to a felony charge of making a misrepresentation to get an unearned benefit.

Deputy District Attorney Alan Kessler said Tobolsky, a five-year veteran of the Sheriff's Department, filed the false claims after he pleaded guilty to a misdemeanor vandalism charge last year which arose out of a domestic violence incident with his spouse.

"This whole case is a fraud, your honor," the prosecutor told Superior Court Judge Polly Shamoon. "He doubled down, claiming he was too impaired to work. This is an insult."

DDA Alan Kessler argued for Tobolsky to be sentenced to 270 days behind bars. "He let the people down. He tarnished the reputation of a very fine department," the prosecutor told the judge.

The judge agreed to let Tobolsky do his custody time in a work furlough program, and said it was “almost an insult” that the defendant saw the alternative custody as an inconvenience. A hearing was scheduled for May 30th to discuss the requested restitution of $84,494.

Deputy Public Defender Edward Neusteter told the judge that Tobolsky had an MRI showing spinal complications and stayed out too long on workers' compensation because he had concerns about going back to work.

Before he was sentenced, Tobolsky apologized. "I'm completely ashamed to be in this situation. I'm deeply remorseful."

Lonce Lamonte, journalist, lonce@adjustercom.com, www.adjustercom.com; copyright by Lonce Lamonte and adjustercom, all rights reserved