Inmate pleads guilty to assault, weapons charges in connection with prison stabbing

March 22, 2011|By DON AINES |

A convicted killer who pleaded guilty Tuesday in Washington County Circuit Court to charges stemming from a state prison stabbing of a fellow inmate received another 18 months on top of sentences that could see him in prison until the middle of the century.

David Harvey, 30, an inmate at Roxbury Correctional Institution near Hagerstown, pleaded guilty to second-degree assault and possession of a dangerous weapon with intent to injure in the Oct. 9, 2010, assault on inmate Michael Jones, according to the application for statement of charges.

Jones sustained 19 puncture wounds to the neck, shoulder and flank areas, the charging documents said. The weapon was described in the documents as a 7-inch metal rod with a sharpened end and the other end wrapped in cloth.

Jones’s wounds were superficial, and he was treated at the prison, Assistant Public Defender Charles Bailey told Judge Daniel P. Dwyer. Jones also had no interest in pursuing the case, he said.

“If someone really intended to hurt someone, it could have been a lot worse,” Bailey said. He described the attack as “sending a message,” rather than one intended to cause serious injury.

Bailey asked the judge to impose a six-month sentence since Harvey is serving a lengthy sentence for second-degree murder, as well as assault and weapons charges.

“He’ll be an old man when he gets out,” Bailey said, noting that Harvey’s current maximum release date is December 2052. In addition to other sanctions in prison, Harvey lost the equivalent of 2,000 days of good-time credits because of the assault, he said.

The attack could have killed Jones had the weapon pierced a vein or artery in his neck, said Dwyer, who called the assault “vicious.”
Dwyer gave Harvey the 18-month sentence requested by Assistant State’s Attorney Michele Hansen.

In  exchange for the plea, the state agreed to dismiss charges of first-degree assault, possession of a weapon while in confinement and reckless endangerment, Hansen said.

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