Belmont County Teen Admits Guilt In Bomb Threat Case
Harvey, 18, faces up to 13½ years in prison
ST. CLAIRSVILLE -- An 18-year-old accused of making a series of bomb threats to St. Clairsville businesses pleaded guilty Monday to six felony charges in Belmont County Common Pleas Court.
Larry Allen Harvey pleaded guilty to three counts of third-degree felony terroristic threats and three counts of fourth-degree felony inducing panic.
Harvey was arrested in April after authorities alleged he made several bomb threats targeting St. Clairsville businesses.
Belmont County Common Pleas Judge John Vavra accepted a plea agreement under which Harvey pleaded guilty to the six charges instead of five counts of third-degree felony terroristic threats and four counts of fourth-degree felony inducing panic.
Vavra told Harvey each terroristic threats charge carries a maximum penalty of 36 months in prison and a $10,000 fine. Each inducing panic charge carries a maximum sentence of 18 months in prison and a $5,000 fine.
“We’re not going to be scheduling a sentencing hearing today. It will occur later. And at that hearing, the attorneys can make a recommendation about what they suggest is an appropriate sentence. However, what you need to understand is that decision is up to me,” Vavra said. “Based on the law of Ohio, the facts of the case, I am the one who makes the decision about what your actual sentence will be. And that could include a prison sentence of up to 13½ years.”
He said Harvey is eligible for either a prison sentence or a non-prison sentence.
Vavra explained that a non-prison sentence, known as community control, would allow Harvey to remain in the community under court supervision.
“If you do receive a non-prison sentence, you could be placed on supervision under specific terms, and that supervision can last for up to five years. What you have to also understand is, if you initially receive a non-prison sentence and then you do not comply with your terms of supervision, the court retains jurisdiction to change that into a prison sentence, clear up to the maximum I’ve already talked about,” Vavra said. “Now, if you do end up in prison as a result of today’s pleas, you have to also understand that when you are released, you will be placed on what is called post-release control.”
Vavra explained that under Ohio law, terroristic threats do not automatically require post-release control because the offense is not classified as a violent offense. However, inducing panic is considered an offense of violence and carries mandatory post-release control if a prison sentence is imposed.
“The difference is a conviction for an offense of violence means mandatory post-release control, as opposed to optional post-release control otherwise. So, in your case, if you do end up in prison, when you get out, you’ll be on supervision for between one and three years,” Vavra said. “Now, there’s three bad things about post-release control. Three bad consequences. Number one, if you don’t comply with the parole authority’s supervision terms, the parole authority -- not a judge or a court -- can throw you back in prison for up to nine months for each violation. The most they can ever send you back is for half of the prison sentence I impose.”
Vavra then gave Harvey an example, saying that if he were sentenced to 10 years in prison, he could still face up to five additional years of incarceration for post-release control violations.
“The second bad thing about post-release control is while you’re being supervised, if you commit a new felony, the judge handling that new felony can give you what’s called a post-release control sentence, minimum of one year up to a maximum of three years,” Vavra said. “And the third bad thing about post-release control is that a judge can make those sentences be served consecutively, requiring you to serve the post-release control sentence before you even start the sentence for the new felony.”
Vavra scheduled Harvey’s sentencing for 1 p.m. July 27.
Harvey will remain in the Belmont County Jail without bond until sentencing.