Judge Orders Prison Time For Teen In St. Clairsville Bomb Threat Case
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ST. CLAIRSVILLE -- Larry Allen Harvey was sentenced Monday to four years, six months in prison after pleading guilty to three counts of making terroristic threats.
The 18-year-old threatened to detonate bombs at Walmart, Sheetz, Kroger, Whiteside Auto, Unified Bank, Texas Roadhouse, Denny’s and Red Roof Inn in St. Clairsville this past spring.
Belmont County Common Pleas Judge John Vavra sentenced Harvey to 54 months in prison during a hearing in which Harvey appeared via Zoom from the Belmont County Jail.
Before the sentence was imposed, Harvey’s attorney, Belmont County Public Defender Aaron Miller, urged Vavra to impose a jail sentence instead of prison.
Miller and Belmont County Assistant Prosecutor Joshua Norman agreed to merge the three counts of inducing panic into the three counts of making terroristic threats.
Miller said the case reminded him of Deuteronomy 16:11 from the Torah and the phrase, “Justice, justice you shall pursue.”
He said the passage served as an admonition to judges and court systems when Israel was being founded.
“Even the phrase that everyone is aware of, an eye for an eye, tooth for tooth, never meant that you poke someone’s eye out just because they poked your eye out. There was monetary compensation that was involved with that. And Judge, you have always, in every case, followed that direction. You’ve seen individuals come before you, and you know that they are more than just files and cases. You recognize them as people, and that’s why I’ve always appreciated being in this court. You thoughtfully consider each case, and that is very much appreciated. And I know it should be the same for that. That is how you behave in the courtroom, and all counsel on both sides appreciate that,” Miller said.
Miller argued Harvey had been failed by the system throughout his life.
“Larry Harvey has been the victim of a failed system throughout his life. He was in foster care where he was physically and sexually abused. He was in institutions and foster care settings where he never had to go to school. Years went by without him having an education.”
He added that Harvey also had been taken advantage of while in jail following his arrest.
Miller asked Vavra not to let the system fail Harvey again.
“When I talk to Larry on the phone, he comes across as a young man who has been defeated over and over and over again. I know these charges are serious. What he did, he shouldn’t have done. He knows that they are serious, and that it should have never happened,” Miller said. “These are the actions of junior high kids, high school kids, and we’re dealing with an 18-year-old kid. When you talk to Larry he comes across as a defeated person because of the life that he’s living. And I’m not saying that Larry should get out of this with nothing, but I know in the prison system he will be taken advantage of over and over and over again. I’m asking that the court impose the jail sentence.”
Vavra then asked Harvey if he wished to address the court. Harvey apologized for making the threats.
Vavra said he considered the mitigating factors Miller presented before imposing sentence.
He noted Harvey does not have a significant criminal history. Although this is Harvey’s first felony conviction, he has a juvenile adjudication for battery in Ohio County and an adult conviction for trespassing in Charleston, West Virginia.
Vavra said the victims extended beyond the businesses that received the threats.
“I understand, and I don’t necessarily disagree with Mr. Miller’s comments about you being a victim of the system, Mr. Harvey. But also from the pre-sentence investigation, it appears to the court that you learned a long time ago how to victimize the system for your own benefit, lying about suicide threats so that somebody would give you a facility to live in for a period of time,” Vavra said.
He also referenced Harvey’s family history but said the court had to sentence Harvey based on his present conduct.
According to the pre-sentence investigation, Harvey allegedly made the threatening phone calls from a room at the Red Roof Inn in St. Clairsville, then watched through the window to see the emergency response.
Vavra also said the reports showed Harvey repeatedly failed to comply with rules while receiving mental health and other services offered throughout the country.
“There’s a reason that you are the way you are, but I have to deal with the person that you are now, not with the person that you could have been had you been brought up differently,” Vavra said. “Although you only have one adjudication and one conviction, clearly you have not been living in accordance with the rules of society.”
Vavra said Harvey admitted he “just wanted to see what would happen” when making the threats and found Harvey had not demonstrated genuine remorse.
He also noted reports that one person was struck by a vehicle while fleeing one of the businesses and that traffic crashes occurred as people evacuated the threatened locations.
“The conduct that you engaged in, what you did here, and the danger that posed to the residents of Belmont County, Ohio. These offenses were committed as part of the course of conduct for your apparent amusement, so that you could see what happened,” Vavra said. “Again, the harm caused here was so great and unusual that no single prison term adequately reflects the seriousness of your misconduct.”
Vavra ordered the three prison terms to be served consecutively for an aggregate sentence of 54 months, with credit for time served. He declined to impose a fine.
The judge also explained that Harvey could be subject to up to two years of post-release control upon his release from prison. He warned that violations could result in additional prison time and that any future felony committed while under post-release control could carry additional consecutive penalties.
Vavra ordered Harvey to pay court costs and provide DNA and fingerprint samples for registration. He also advised Harvey of his right to appeal and said Miller could explain the possibility of judicial release under Ohio law after the hearing.