Judge rejects Navy engineer’s plea agreement in submarine spy case – By John Raby (The Associated Press) / Aug 16, 2022
CHARLESTON, W.Va. — A Navy nuclear engineer and his wife withdrew their guilty pleas Tuesday in a case involving an alleged plot to sell secrets about American nuclear-powered warships after a federal judge rejected plea agreements that had called for specific sentencing guidelines.
Jonathan and Diana Toebbe of Annapolis, Maryland, pleaded guilty in February in federal court in Martinsburg, West Virginia, to one count each of conspiracy to communicate restricted data.
The sentencing range agreed to by lawyers for Jonathan Toebbe had called for a potential punishment between roughly 12 years and 17 years in prison. Prosecutors said Tuesday that such a sentence would be one of the most significant imposed in modern times under the Atomic Energy Act of 1954. Prosecutors also sought three years for Diana Toebbe.
U.S. District Judge Gina Groh said that while she generally honors plea agreements, in this case she said the sentencing options were “strikingly deficient” considering the seriousness of the charges.