Suspect offers to testify against alleged Landstown bomb planner

VIRGINIA BEACH

Moments after two teens charged in the plot to bomb Landstown High School were ordered to be released Tuesday, an attorney for one said his client was willing to testify against Philip Bay.

Attorney Brian Donnelly said his client deserved to be released. The 16-year-old had admitted involvement in the bomb plot but eventually withdrew and reported it to authorities, Donnelly said.

"We'll never know what could have happened if he had not done that," the attorney said. "I think he's deserving of credit for that."

The boy, Donnelly said, is willing to testify against Bay, who is accused of masterminding the plot and is awaiting trial as an adult.

"If he's requested, he'll testify truthfully," Donnelly said. "He'll do whatever he has to do to cooperate."

The three suspects were arrested in April and accused of plotting the attack on Landstown, where Bay and one of the juveniles were among the school's 2,400 students. The third suspect was a former Landstown student who had transferred to Kellam High.

Dozens of explosives, as well as videos showing the teens rehearsing or discussing the attack, were seized during a search of Bay's home on April 6, authorities said.

Bay, who has since turned 18, remains jailed without bond. His next appearance in Circuit Court is Nov. 18.

Donnelly's client and the other juvenile, also 16, pleaded guilty in July to charges of possessing a sawed-off shotgun and possession of weapons of terrorism. Juvenile and Domestic Relations Judge Randall Blow convicted each of the shotgun possession charge but delayed sentencing and a decision on whether to accept their pleas to the terrorism weapons charges.

On Tuesday, the judge again delayed sentencing and a decision on the pleas. He agreed to release the teens pending a Nov. 23 court hearing and prohibited them from discussing the case online, by phone or by any other means with anyone other than family, said Commonwealth's Attorney Harvey Bryant.

Each was to be confined to his home, except to go to medical appointments, and remain on 24-hour electronic monitoring.

Authorities and friends have described Bay as being fascinated by the April 20, 1999, massacre at Columbine High School in Littleton, Colo., where two student s shot to death 12 classmates and a teacher before committing suicide.

Bryant has said he has evidence that Bay and the other teens planned to kill themselves or die in a shootout with police after attacking Landstown on the anniversary of the Columbine shootings. Bay was arrested April 6; the other teens were arrested the next week.

Bryant declined to say whether he has negotiated to have one or both juvenile defendants testify against Bay. He said he argued against the defense attorneys' requests to release the juveniles.

The judge ordered the courtroom closed to the public while the attorneys argued because the release of certain details being discussed would be "detrimental to the case and the people involved," he said.

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