Judge Robert Lindeman dismissed an aggravated robbery charge because of technicality.
Co-defendants Chad Jordan, 25, of Urbana, and Ryan Smith, 30, of Piqua, were sentenced to eight years each by Lindeman. They accepted plea deals for pleas to aggravated robbery and involuntary manslaughter.
Prosecutors said Sowers, known as “Spiderman” because of spider tattoos on his head and forehead, was last seen March 7, 2008, with the three men leaving a Piqua bar closed early by a snowstorm. Sowers was robbed of about $400, assaulted and left in the snow. A motorist saw his body four days later and called 911. The coroner ruled cold weather exposure led to a fatal heart arrhythmia.
Defense lawyers said the men thought Sowers would find a way home.
Harvey’s lawyer Steve King said Monday Harvey is genuinely sorry. He asked the judge to consider Harvey did not harm Sowers, describing Harvey’s role as “minor.”
Jim Bennett, first assistant county prosecutor, said three people took Sowers out into the country, left him there and never called for help. “Three people could have saved him and none of them did,” he said.
Harvey apologized to Sowers’ family.
“I should have come forward in a situation like this,” he said, calling called Sowers’ death “an unnecessary tragedy ... It should never have happened.”
Sowers’ sister, Rebecca Grapner, told Harvey she did not hate him or his family. “That was my brother you took. He will never see his grand baby born,” she said.
Lindeman found that Harvey did not assault Sowers, but took his wallet. He said Harvey, unlike the other defendants, did not have prior convictions for crimes of violence and did not have a felony record.
Harvey will receive credit for 157 days served in the county jail.
After the hearing, county Prosecutor Gary Nasal said prosecutors were surprised and disappointed with the sentence. “We believe that the defendants in this case were equally culpable. We demonstrated his guilt at trial, and we expected the sentence to be commensurate with that received by other responsible parties,” Nasal said.
Contact this reporter at (937) 225-2292 or nbowman@DaytonDailyNews.com.
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