Criminal charges dropped against Hilton Head restaurateur in sexual conduct with a minor case
Criminal charges were dropped this week against a Hilton Head restaurant owner who was accused by police of criminal sexual conduct with a minor.
Graeme Tosh, 56, was charged March 6 with third-degree criminal sexual conduct with a minor, a felony.
Tosh, a Canadian citizen who lives part-time on the island, opened Kind of Blue, a restaurant at 19 Dunnagans Alley, Hilton Head, about a year ago with two business partners.
The 14th Circuit Solicitor’s Office dropped the charges Tuesday because the evidence in the case does not meet the “elements” of criminal sexual conduct with a minor in the third degree, and prosecutors said they “cannot prove the case beyond a reasonable doubt,” according to a dismissal slip provided by Tosh’s attorney, William Jenkins.
Jeff Kidd, a spokesperson for the Solicitor’s Office, said that the agency had no additional comment on the case.
Beaufort County Sheriff’s Office spokesperson Maj. Angela Viens said the department had no comment on the charges being dropped.
Tosh turned himself in to deputies with the Beaufort County Sheriff’s Office after the child’s mother reported the alleged “inappropriate touching” on Feb. 27, according to previous reporting by the Island Packet and Beaufort Gazette. The mother told police her child had been at a babysitter’s home at the time. Tosh was at the home because he is a friend of the babysitter, Viens had said.
Tosh was released from the Beaufort County Detention Center on a $20,000 surety bond on March 6, court records show.
Tosh is denying all allegations and his legal team is “taking no position” on what allegedly took place, Jenkins said. Jenkins does not foresee further charges arising from this case.
“I don’t think the proof that has been submitted rises to the level of assault and battery either,” he said. “We’re looking at the evidence and, even if it is all true, that’s not criminal sexual conduct. That’s our position.”
Tosh has returned to Canada but will continue to operate his business on Hilton Head, Jenkins said.
If you, or someone you know, has been affected by sexual abuse, help can be found by calling Hopeful Horizons’ 24-hour Support Line at 843-770-1070.
BEHIND THE STORY
MOREWhy we did this story:
The Island Packet and Beaufort Gazette newspapers are making an effort to update stories we’ve published where criminal charges were filed. Criminal charges mean law enforcement had probable cause to arrest someone, but a court decides on a person’s guilt and conviction. If our newspaper has written about a crime where charges were brought, we want to use public records to show what happened in that case. If you think a crime story featuring you or someone you know needs updating, email Sofia Sanchez at ssanchez@islandpacket.com or newsroom@islandpacket.com.
This story was originally published March 31, 2023 at 1:30 PM.
