Hamilton murder suspect wants to go to prison instead of county jail to await trial

Toby Madden, who is accused of stabbing his longtime girlfriend to death in 2022 at their Hamilton home, was convicted last year of a drug charge and decided he would rather do time in prison than wait in the Butler County Jail for his second trial set for September.

The 52-year-old was arrested within hours after the death of Rachelle Brewsbaugh at their Parrish Avenue house on Oct. 11, 2022. Brewsaugh suffered more than 50 wounds, according to prosecutors.

Madden was originally charged with aggravated possession of drugs (methamphetamine) following a previous investigation. It was not until December 2022 that he was indicted by a grand jury on murder charges. Bond was upped to $1 million at that time.

Madden has had several trial dates set, but found fault with a series of defense attorneys, both retained and appointed, causing delays in litigation. He has been disruptive in Butler County Common Pleas Judge Jennifer McElfresh’s courtroom during hearings to the point that he was removed in March.

On May 24, Madden’s sixth attorney, Lucas Wilder, filed a motion to have him transported to prison to begin serving his sentence of 11 to 16 1/2 years on the drug charge.

In October 2023, a Butler County jury found Madden guilty of the of first-degree felony. Madden took the stand and testified in his own behalf. Common Pleas Judge Greg Stephens’ then sentenced him to prison.

On Sept. 23, 2021, Madden was in possession of 316 grams of meth in a suitcase. He was indicted on the drug charge in November 2022, shortly after his arrest for Brewsaugh’s slaying.

In the request to go to prison, Wilder wrote, “Defendant has been experiencing issues at the Butler County Jail for well over a year. ... He has and continues to have issues with the staff and officers at the jail. He has and continues to have issues when being transported to/from the jail to court.”

Madden requested to be “conveyed to prison.”

McElfresh granted that request Wednesday.

Butler County Sheriff’s Office Chief Deputy Anthony Dwyer said it is an unusual move for a defendant with a case still pending because the sheriff’s office will be responsible for transporting Madden to and from court hearings and trial.

But the jail staff is willing to accommodate transport due to Madden’s behavior.

“He has not been a disciplinary problem, but he is a constant problem in the jail (with requests),” Dwyer said. “.. Can’t get along with anybody and moaning about things that they rather drive him there and back.”

At the March hearing to set a new trial date, Madden had a loud discussion with Wilder before court, Madden shouted as the hearing started.

“This guy here,” Madden shouted from the jury box, where he was seated due to security concerns. He was apparently making reference to Wilder. Madden yelled about a motion he tried to file in January.

McElfresh said, “OK, I am going to remove you from the courtroom if you don’t behave.”

The shouting continued and the judge said, “You can leave.” Deputies then struggled a bit to get him out of the courtroom.

McElfresh denied Madden’s request to represent himself after the defendant said multiple times he was being “compelled” to act as his own counsel.

The judge also noted before that prior attorneys had been assigned to Madden’s case, and the defendant had problems with all of them, including one who was hired.

Credit: Nick Graham

Credit: Nick Graham

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