After Maria LaGuerta and Ellen Wolf left the conference they had attended, they went to a bar. Toby was the bartender and, while he served them drinks, Ellen flirted with him and he flirted back.
After Ellen was found dead, Toby was aggressively questioned by Lieutenant LaGuerta. He admitted that, at her invitation, he went to her house hoping for a one-night stand, but she didn't answer the door or her phone. Although he didn't see Ellen, he did observe a dark SUV with bright headlights driving away. Toby said that he wasn't forthcoming at first because he didn't want his fiancee to know about his attempted "booty call."
LaGuerta pegged him as the murderer of Ellen until Joey Quinn informed her of his alibi, which included four people who confirmed that Toby was at the bar during the time that Ellen was killed.