‘Mental health concerns’ cited in hoax bomb threat bond denial

An 18-year-old Warren County High School student accused of planting a “hoax device” bomb at the school on January 27 has been denied bond a second time.  Caleb Sutphin has been held without bond at the RSW Regional Jail since his arrest several hours after his school was evacuated shortly after noon on the final Friday of January.

Caleb Sutphin’s RSW Jail MUG shot

On Wednesday (Feb. 8) after hearing testimony from one witness, Caleb Sutphin’s mother Susan, and brief arguments from attorneys, Judge John Hart denied the defense request for bond.  It was Sutphin’s second bond denial within nine days.  He was before Judge W. Dale Houff on January 31 without counsel.  Houff suggested Sutphin reapply for bond, with the legal representation appointed to defend him during that first bond hearing on January 31.

On Wednesday, Judge Hart issued his ruling immediately after hearing nine minutes of testimony and counsel arguments – “My decision is that he will continue to be held without bond. I believe there may be substantial mental health concerns that could make the defendant a danger to himself or others,” Judge Hart explained.

Responding to a question from her son’s attorney Matthew Beyrau, Susan Sutphin said Caleb entered WCHS in October and had been home schooled for 17 years prior.  She also said he had a summer job as a lifeguard at the 4-H Center here and verified that her eldest son had not previously been in any trouble with the law.  She also testified that upon graduation Caleb planned to enter the military.

During the prosecution’s arguments, Assistant Commonwealth’s Attorney Bryan Layton indicated the Commonwealth could present evidence to support their preference Sutphin continue to be held without bond, including photos of the hoax device.  However, defense counsel deferred the necessity of the prosecution presenting such evidence, acknowledging its existence.

On Jan. 27, WCHS was blocked off for about 3-1/2 hours as local, state and federal law enforcement and emergency services personnel swept the site for potential threats. Photo/Roger Bianchini

In arguing against bond, Layton told the court the prosecution had evidence, apparently gained from other students, that Sutphin had “thought about it for some time” before acting on his alleged hoax bomb threat plan resulting in the school’s evacuation; that it was not an act of impulse.  Layton said were bond to be granted the commonwealth would seek additional assurances such as house arrest or electronic monitoring.

Defense counsel Beyrau called Sutphin’s mother to illustrate the defendant would have extensive family support if released on bond back into the family home.  Susan Sutphin testified that both she and her husband would be present to varying degrees, dependent on their respective work schedules; and that one of Caleb’s eight siblings was an older sister, aged 20 – “She’s always home,” Mrs. Sutphin testified.

Beyrau also told the court the county public school system might be poised to let his client back in school after a 10-day suspension scheduled to end next Monday.  However, Beyrau did acknowledge a meeting with the school superintendent was necessary before Sutphin would be considered for readmission.

Caleb Sutphin will remain incarcerated at RSW Regional Jail. File Photo/Roger Bianchini

Asked by her son’s attorney how much bond the family could afford to post to have her son released, Susan Sutphin replied quietly, “Not very much.”  She said they could not afford $500 to secure a $5,000 bond, but could come up with $250, which would secure a $2,500 bond.  Susan Sutphin wept quietly, dabbing at her eyes throughout her testimony.

When bond was denied at 1:50 p.m. Wednesday, Mrs. Sutphin left the courtroom with eight people who appeared to be family or friends there in support.

Potential sentences

A preliminary hearing on the Class 6 felony of manufacture of a hoax explosive device is scheduled for 2 p.m., March 1.  Caleb Sutphin could face from one to five years in prison if convicted on the felony charge.  However, according to the Commonwealth Attorney’s Office such cases also have the option of conviction on a lesser misdemeanor charge.  If convicted or plead down to the reduced charge, the defendant faces from one day to a year in jail.

A double-tiered inmate block at RSW Regional Jail. File Photo/Roger Bianchini

Warren County Sheriff’s Office Investigators, School Resource Deputies and the County Fire Marshal all questioned Sutphin before he was charged with the Class 6 felony several hours after the incident unfolded.  WCSO Investigator Gordon Foster and County Fire Marshal Gerry Maiatico were both present during the February 8 hearing, but were not called to testify.

WCHS was evacuated at 12:09 p.m. on Friday, January 27, when a “suspicious package” was found after a fire alarm was set off at the school.  Investigators completed processing the scene and released the facility back to school officials at 3:23 p.m.  The County Sheriff’s Office acknowledged the help of State Police Explosive Technicians in determining that package to be “a non-functional hoax device”.