Teen accused in Landstown bomb plot charged as an adult

VIRGINIA BEACH

Philip Bay, the teen accused of plotting a Columbine-style attack on Landstown High School, should be charged as an adult in Circuit Court, a judge ruled Wednesday.

Juvenile and Domestic Relations Judge Randall M. Blow made the decision after finding sufficient evidence for Bay to be prosecuted on 10 charges of possessing and manufacturing explosives and one charge of planning to use them for an act of terrorism. If convicted of all charges, he could face life in prison plus 100 years.

Blow closed the hearing to the public, saying he was concerned that Bay might have difficulty receiving a fair jury trial if more details are published.

Defense attorney James Broccoletti argued for Bay to be treated the same as his co-defendants, both of whom were charged as juveniles. He also discussed the possibility that Bay is dealing with mental health issues.

Fire investigators and police officers testified about some of the items seized from Bay's home, including explosives, videos, a journal and a hit list, Commonwealth's Attorney Harvey Bryant said.

He said the teen should be charged as an adult because of the severity of the charges and his age - he was 17 at the time of his arrest April 6, but turned 18 on Friday.

During Bay's hearing, prosecutors showed video clips filmed at his home, Bryant said. One shows the three teens rehearsing stuffing a propane tank into a gym bag and discussing placing it in Lands-town's cafeteria, he said.

A video filmed around March 20 showed the teens holding up a cell phone and saying that it was a month before the Columbine anniversary, Bryant said. He said the teens had picked that date and a backup date for the attack.

In the Columbine massacre on April 20, 1999, two student gunmen killed 12 students and a teacher before committing suicide.

Prosecutors have evidence showing that the three Beach teens planned to follow suit, either dying in a shootout with police or committing suicide, Bryant said.

"They were planning to take weapons and explosives to Landstown High School," he said. "There was a lot of talk about death and killing."

In a 64-page statement to police after his arrest, Bay cited a Bible verse from the Book of Ezekiel that talks about the "wrath of God," Bryant said.

Bay was a senior at Landstown when authorities received an anonymous tip about explosives at his home on Saville Garden Way.

They searched the house and found 28 Molotov cocktails and other explosives, plus materials for making more, said Battalion Chief Tim Riley, a spokesman for the Fire Department.

Ten days later, two more teens were charged in the plot - a 16-year-old Landstown sophomore and a 15-year-old former Landstown student.

In a separate Juvenile and Domestic Relations Court hearing Wednesday, the former student, who is now 16, pleaded guilty to charges of possessing a sawed-off shotgun and weapons of terrorism.

The judge delayed sentencing on the first charge until Sept. 22. He also deferred a finding on the terrorism charge and ordered the teen to remain in custody without bond until that hearing.

The third teen is scheduled for trial next week in Juvenile and Domestic Relations Court. He has been charged with possessing a sawed-off shotgun, manufacturing and possessing explosives, and manufacturing and possessing explosives for use in a terrorist act.

For now, Bay remains in the juvenile detention center, but he may be moved to the adult facility if the law requires it, Bryant said.

On Wednesday, Virginia Beach Del. Sal Iaquinto announced plans to sponsor legislation making it easier for juvenile terrorism suspects to be tried as adults. The law would apply to juveniles ages 14 to 17 and would require only that a juvenile court judge decide probable cause in a case before certifying adult charges, according to a news release.

Under current law, the juvenile probation office has to present a transfer report, and then the Circuit Court has to grant permission before the Commonwealth's Attorney can present a grand jury indictment, according to the release.

Shawn Day, (757) 222-5131, shawn.day@pilotonline.com

Kathy Adams, (757) 222-5155, kathy.adams@pilotonline.com