A judge sentenced Philip Bay, 19, to serve 12 years in prison for plotting an attack on Landstown High School nearly two years ago. He had faced up to life in prison.
Bay was sentenced to 68 years total, with all but 12 years suspended. He will serve two years in a juvenile facility before transferring to an adult facility at age 21.
Commonwealth’s Attorney Harvey Bryant had asked for a minimum of 20 years.
Judge William O’Brien said the sentence was one of the most difficult decisions he has had to make on the bench. “The offense here is absolutely horrendous,” he said. Not once, he said, did he hear Bay say he never would have carried out his plan.
A jury rejected an insanity defense following a six-day trial in November, convicting Bay on all 18 felonies he stood accused of. The charges included manufacturing or possessing an explosive device with intent to cause harm, possessing or using a sawed-off shotgun, and soliciting or recruiting for an act of terrorism.
The jury did not recommend a sentence because Bay was a juvenile at the time of the crime. That was left to the judge.
"There's really nothing I can say ... that will ever be able to excuse my actions," Bay told O'Brien after the defense and prosecution made their final arguments. It was the first time Bay has spoken out about the ordeal.
"I know this may sound strange," Bay continued, but "my arrest and going to jail was probably the best thing that ever happened to me."
Had Bay gone though with his plot, the judge told him, it would have been "the most horrific incident ever" in Virginia Beach -- and possibly the state and country.
Merle T. Rutledge Jr response - This young man is very lucky and fortunate to be. Let's call it what it is white. The sentencing laws compared to a black man or teen charged with a similiar offense would have been given double life. This young man tried to repeat columbine and virginia tech massacres as a copy cat, but he gets off because a judge feels he can be rehabilatated. At least he gets a second chance at seeing the world outside of prison while their are so many in similiar circumstance that wasnt the trigger man nor commited a murder themselves is charged as if they commited the murder. Virginia sentencing laws needs a lot of reform because cases like this is the reason why, because we see rehab in other races except our own through these judges eyes.
As a result, the Virginia Senate has unanimously endorsed giving circuit judges the ability to decide when a teen criminal needs to be locked away and when he needs punishment that fosters rehabilitation. The House should do the same.
On Monday, a House subcommittee will consider a bill recommended by the Virginia State Crime Commission that gives circuit judges more options in determining the fate of juveniles tried in adult court. How many African Americans teens will get this courtesy as Bay got. If you look at the posts in our local papers compared to other races in juvenile deliquent behavior. African Americans are treated as thugs with no remorse and should have the key thrown away while others get off with a slap on the risk. Their was more than Bay plotting this murder as the other two defendants was given no jail time and pleaded to misdemeanors for trying to plot a mass murder. The Virginia Senate hopefully will get the job done, but will they try to even attempt to go back and correct the pass. Even in the Bay case is dealing with a youth that was obviously not in his right mind even to consider such a devastating end to landstown high students as well as himself. Bay, it is many others who are sitting in jail for life for just thinking about killing one person.
Some comments posted in regards to this was by those that should feel sorry for him.
The thing that is no joke is
Submitted by jmcotz on Wed, 02/23/2011 at 7:03 pm.
The thing that is no joke is you hoping this kid gets raped in prison. I find that sickening. He will serve 12 years in prison for planning to do something horrendous. He did not do it. He may not have been insane enough to carry it out. You don't know that one way or another. You can not know it. And yet, you hope he gets raped. I think that's sick. The sentence seems just to me.
@eureka
Submitted by mygreentruck76 on Wed, 02/23/2011 at 2:18 pm.
Im sure everyone of you who thinks he should have gotten life, or as one poster put it, "got 12 years cause he's white" have never once in your life said or thought something that would have gotten you in trouble with the law had you carried it out. You all live perfect lives just like the Bradys. Was it wrong what he had in his possession? ABSOULTELY..was what he planned haneous? ABSOLUTELY...so he got 12 years for his thoughts and personal possessions. Im sure your against the 2nd amendment also right?
Phillip Bay
Submitted by USArmyVeteran on Wed, 02/23/2011 at 2:07 pm.
Well now, This kid was very lucky when you consider what the judge could have done. Mr. Bay had a sawed off shotgun in his possession,damn,in my day we were lucky if we could get brass knuckles or a switchblade knife. But,I can't remember any of my classmates talking about killing other students. I guess that shows the times we are living in. When he is transferred to the "Big House" my guess is he won't last a year. He will soon find out how "tough" and "Bad" he really is,and it won't be good. Mommy can't help you then son,you are on your own. The is an old saying: "Live by the sword, die by the sword". It is sad what our society has come too.
Second case I sight,
By Louis Hansen
The Virginian-Pilot
norfolk
A murder charge against a teenager accused of shooting a friend more than a dozen times was dropped Thursday.
Prosecutors decided they had too little evidence to pursue a court case against Kelsey Helvenston, daughter of a Blackwater guard slain in Iraq. She reportedly confessed to police in a lengthy interrogation, but a judge ruled the evidence inadmissible because police did not grant her request to speak to an attorney.
Circuit Court Judge Norman Thomas accepted the prosecution's motion to drop charges of second-degree murder and use of a firearm during the commission of a felony. New charges can be brought against Helvenston, but police will have to continue their investigation, said Amanda Howie, spokeswoman for the Norfolk commonwealth's attorney's office
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Helvenston, 19, had been free on bond.
"It's been a long and arduous journey," defense attorney James Broccoletti said. "It's been hard for her and her family."
Helvenston was charged days after the March 2009 death of Anthony Sanderlin. According to court records, Sanderlin, 25, was a friend of Helvenston's.
A neighbor found Sanderlin outside his Fenner Street apartment, shot about 17 times, according to court records. Sanderlin died at a hospital.
Police interviewed Helvenston, who was 17 at the time, for several hours . At one point, Helvenston told detectives, "I want to stop talking about it," according to a transcript.
Later, according to the transcript, she told the investigators she shot Sanderlin after he tried to sexually assault her.
Judge Thomas and a state appeals panel ruled that the confession and most of the other evidence could not be used at trial because police violated Helvenston's constitutional rights.
Thomas ruled last month that some evidence could be used at trial, including the transcript and video showing Helvenston talking to herself or her mother on a cell phone, court records state.
Helvenston's father is Scott Helvenston, one of four Blackwater guards killed during a March 2004 ambush in Fallujah, Iraq. He had served as a Navy SEAL for 12 years, according to his obituary.
Renee Sanderlin, the victim's older sister, said the family understood the prosecutor's decision but was still disappointed. They miss their brother, she said.
Anthony Sanderlin worked at a downtown hotel and had just moved into his first apartment, she said. He was kind and generous, she said. "He was a big kid."
She said she hoped witnesses would come to the family or police with additional evidence.
"We lost a body, a soul," Renee Sanderlin said. "I would like to see some justice for my brother's death."
Louis Hansen, (757) 446-2341, louis.hansen@pilotonline.com
the case
Kelsey Helvenston, daughter of a Blackwater guard killed in Iraq in 2004, is pictured at her father's funeral . In 2009, she was charged in the shooting death of a friend. That changed Thursday.
This is our justice system. A justice system that should not be color blind in determing sentences for serious offense. Minorities sentences by youth for minor offenses, as well as offense that equal up to Bay's crime are treated with life in adult prisons. In the end, maybe the judge got it right with his sentence, but where is he at when other judges get it wrong. Tis judge should write to the state Senate and place the weight of his sentencing guidelines into the present of those lost in the system without the same priviledge.
Wrong is Wrong, and we all can admit that in this case, but for the justice system to be so uneven in its way of handling criminal offenders, which race seems to play a huge factor is injustice. All people seek is equal protection of the law, but if race is going to play a factor in the treatment and punishment that is carried out than that should be enough to overturn a sentence into aone that conforms with those that get the benefit of the laws through a judge discretion. A hearing should be held soon to address new sentencing guildelines to reflect current light sentences for serious offenses such as Bay's. It is youth that has never been the actual killer or triggerman that has gotten more time than Bay.
Also, I will speak on Lindsay Lohan whom has received light sentence after lighter punishment. You apply the same number of charges to those of different races and income across the United States of America. You will notice a huge bias in how laws are applied with bias towards indigent or with less social status than Hollywood actors. She can barely stay two weeks in jail while others have to stay 10 years for having the same amount or less in their possession.
Lindsay Lohan should be in jail and should have been treated like anyone else. Obviously the judge was too late into getting to Linday. But why is all these judges giving hard time to others that have commited less severe crimes in the wake of this star tragedy. I believe citizens all over need qualified immunity in sentencing guidelines and be re sentence based off other people sentences with similiar facts or for less severe crimes. Lindsay Lohan had prior and constructive knowledge of the consequenes, but it is clear she doesnt care for the law. She has good reason to not care, because the judge's do not levy punishment, but gives special privileges.
It is too many non violent offenders that should be in Lindsay shoes, but what she thinks is unfair for any real jail time, than she should visit prisons all over the country with people convicted for her same offense. Michael Vick and Plaxico Burress got more time than Lindsay Lohan, even though her offense carried similar jail time because she is a habitual offender. She gets first time offender sentences while being a self made repeat player in the courts. This means she goes to court quite frequently as a defendant.
How many Poor people or minorities are having parties at their place on house arrest and not have her sentence status revoked? Linsay Lohan is a prime example of someone that does have parties. The judge quickly determine that she was allowed to drink and there was no conditions in her house arrest to state that she couldn't have a party. I enjoyed looking at the prosecutor face, because maybe next time, they will learn from her past that her future actions should have real punishment.
These teens and those that have gotten off light for murder or attempted murder should be writing letters everyday telling the system about how well they was treated for getting the job done or almost done, while others that sit in jail for life supposedly got sentence fairly. I cite Bay's and Halverson's case once again. I would love to read their argument on why they deserve to get off compared to others in similar situations that lead to serious harm. Lohan and Halverson should be advocates of how well the justice system works so hopefully some senators, and delegates get so mad and heated by your excuses to say this was not right for you two to basically get off while others sit in jail waiting to die. At least you two know you have something to live for and that's because the judge left the appearance oftheir freedom is guaranteed!!!!!!!!!!!!!!!
By Merle T. Rutledge Jr
"Something to Make you Think"
Author of Mack's The Chessmaster
Civil Rights Activist and possible future candidate for public office because I have always been involved in public service.
