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Boy, 14, indicted as adult in child molestation case
Charge requires minimum 25-year sentence
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Leonardo Tobar, 14, has been indicted as an adult on an aggravated child molestation charge that carries a mandatory minimum sentence of 25 years in prison.

Tobar of Gainesville is charged with molesting a 4-year-old boy between May and July 2009, according to an indictment returned by a Hall County grand jury.

Tobar is free on a $5,000 bond pending trial.

He faces two counts of aggravated child molestation, two counts of aggravated sodomy and two counts of child molestation.

In Georgia, criminal defendants younger than 17 are tried in juvenile court except for cases of an especially serious nature.

Hall County District Attorney Lee Darragh declined to address any specific case, but said a case that starts in adult court can still be transferred to juvenile court at the discretion of the district attorney, though a judge’s approval would be required after indictment.

"While I make no comment concerning this particular pending case, in general terms a transfer to juvenile court may be considered prior to indictment in cases of this nature, depending on the facts and the willingness of the charged person to comply with certain conditions the district attorney may require," Darragh said.

In 2006 the Georgia legislature extended the mandatory minimum sentence for aggravated child molestation from 10 years to 25 years in prison.

Last year a Dawson County teen was sentenced to 25 years in prison after being convicted of aggravated child molestation.

The conviction of Mitchell Adams, who was 15 when he received the mandatory minimum sentence, is being appealed. Efforts to reach his attorney were unsuccessful Friday.