Judge rejects guilty plea
Mental evaluation likely for third Warren High gun case suspectBy Brad Bauer, bbauer@mariettatimes.com
Article Photos
A judge refused to accept a guilty plea Wednesday from a Warren High School student accusing of bringing a gun onto campus earlier this year.
During a routine line of questioning, Washington County Common Pleas Judge Susan Boyer asked Bradley A. Divel, 19, of 2465 Graham Road, Cutler, if he had ever been hospitalized for a mental condition, or if he was experiencing any mental problems on Wednesday.
Divel, who was attempting to plead guilty to stealing a gun from his father and bringing it to the school, told the judge he has suicidal thoughts and has harmed himself by self-mutilation.
With that, Boyer stopped the hearing and set an August trial date on the charges. A not guilty by reason of insanity plea is expected to be filed by Divel's attorney.
"This just means he will have to undergo a mental evaluation so that we can find out where we are," said Assistant Washington County Prosecutor Ray Dugger.
Divel had been out on bond, but was taken into custody and held on $2,500 because he failed a condition of his bond, which was to maintain contact with his attorney.
Dugger said defense attorney Rolf Baumgartel had not been able to reach Divel and was unaware of any mental conditions, which could be a defense to the charges.
On Monday, Angelo V. Knox, 19, of 3558 School House Road, Little Hocking, pleaded guilty to receiving the gun from Divel on school grounds, a fifth-degree felony.
Knox faces up to a year in prison and will be sentenced Aug. 14.
Dugger said Knox sold the gun to Wesley D. Burrows, 20, of 1276 Moody Ridge Road, Vincent, for $40.
Burrows pleaded guilty May 29 to fifth-degree felony receiving stolen property and will be sentenced July 18.
Divel is charged with third- and fifth-degree felonies of theft and illegal possession of a weapon in a school zone.
Dugger said he offered to dismiss theft charges for a guilty plea for bringing a gun to school.
"That's the message we want to send," Dugger said. "That you can't bring a gun to school."
Once the insanity plea is filed, which must be done in writing, Divel will be evaluated and a ruling will be made on whether he is competent or able to assist in his own defense. It will likely be late August before such a determination is reached.
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hazeleyes20
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07-14-08 8:01 PM
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Ok... first of all, I know this kid. I went to school with him. One, he's NOT insane. He's lived a bad life... I mean, you can just tell by the way that he looks. He has NEVER been well cared for by what I can tell, and even the teachers gave him little to NO attention. They basically just wanted him to go away. That's more than likely the reason for his suicidal thoughts and self mutilation. He is simply not given the attention he needs. Two, he does have a problem, that being epilepsy. To my knowledge THAT is not insanity. All I'm saying is, this kid is playing the legal system like a game, just like he did the "legal" system at school. He was constantly in trouble. Let's just say, he had it coming.
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mariettaman
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07-14-08 11:26 AM
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Guess I'm lost - what does him living in his car have to do with anything??? And the reason his attorney was going to let him plead guilty is probably because HE WAS GUILTY (by his own admission).
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surprised
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07-12-08 1:04 PM
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Well for one thing, he has a free attorney and they*****big time!! His attorney didn't even know anything about him. Just shows he was willing to let him pled guilty and not try to defend him which is his job! That is the way they are. He probably didn't even know he was living in his car and didn't try to find out why so he could have at least reported that to the judge.
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OneAmongThem
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07-10-08 11:06 PM
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I agree littlenana. And there is more to most of these types of things that we all don't hear about. It's just really a sad situation. He is not a lost cause. He has his whole life ahead of him. He can make a turn around, if given the chance. But he also needs that discipline from the choices he has made so far, and then a chance to prove he has learned a lesson from it all.
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littlenana
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07-10-08 9:40 PM
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How many things are wrong with all of this? Far more than one comment session will handle. We have set up so many double standards. At 18 you are an adult, who is not yet mature enough to buy or consume alcohol. Children, particularly boys, are taught at a very early age to hunt and shoot. You blast a Judge for trying to obtain justice for a person whose life will never be the same, and tomorrow you will blast the same judge for slapping a harsh sentence on a drunk driver. So a 19 year old brings a gun to school, not something I want happening. But when a teen tries to harm himself, there is mental issue that needs to be examined. The young man needs some assistance in life skills, coping, and I suspect help with drug abuse. At 19, prison is not the answer for this, and there are more forms of punishment that might help the man turn his life around.
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Harleyrider
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07-10-08 9:22 PM
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I don't care for the judge at all, but I believe she followed the law. She would not want to open up the chance that he may be able to sue for wrongful conviction.
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mysdemoonlite
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07-10-08 9:16 PM
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I would have thought that mental health problems or conditions would have been a subject brought forth by the Defense Attorney attempting to defend his client. Instead it appears that the Judge opened the door, no Defense Attorney required. The man was attempting to plead guilty. Maybe he thought that to plead guilty was the best thing to do and take responsibility for his actions.-----Strange County, some have never been able to prove their innocence, others apparently are not able to confess their guilt.
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OneAmongThem
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07-10-08 9:12 PM
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eccentric, the "lad" pled guilty. The judge didn't accept it. He's not trying to "milk the system." wildcat, I hope you have never, or will never make a mistake again. Seems like you are a bit too harsh.
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eccentric506
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07-10-08 8:54 PM
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It gets too close to home, however, the lad has figured out a way to milk the system so that regardless of the outcome he still has an out whether or not others are willing to accept the cop out
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Wildcat
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07-10-08 8:23 PM
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If guilty, throw the book at them. Make it the biggest, hardest book in the courthouse! And throw it FAST!!
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momof3toledo
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07-10-08 6:57 PM
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ok. i never comment on here but i must get this off my chest. it seems like a lot of you are quick to throw the book at someone and lock them up in jail. how would you feel if it was your family member or friend people were saying this about? i personally have dealt with a child who has a mental illness and a lot of times you don't know what is going on until something happens. i was fortunate in my case that it wasn't anything severe. you don't know what this boy has gone through in life or if he has any family that is helping him out or supporting him. what i don't understand is, if he took the gun from his dad, this shows me that he does have family that could be involved, why is he living in a car as stated by another commenter? does his family know of any mental illness this kid might have? also, i am not saying that he should be let off totally but lets see what is going on with this kid before we start throwing stones at him. i do not know of anyone of us being perfect
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Watchman
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07-10-08 5:48 PM
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I would imagine a closer look at all these young men would discovery mental and emotional struggles. All need to have the same opportunity to be revaluated. It is not "normal" behavior to haul a gun to school. Maybe we should not so quick to jail any of them until further investigation.
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ladynoogs
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07-10-08 4:46 PM
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Very well put OnceAmongThem
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Mttagirl
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07-10-08 3:50 PM
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okay so his buddies are not insane for accepting the stolen gun but he is for bring it to school. that makes no sense. i mean come on people he had a gun on school property and he admitted to it that is guilty in my book. his buddies should have tried to get him help before this then maybe he wouldn't be looking at jail time.
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Mttagirl
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07-10-08 3:50 PM
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okay so his buddies are not insane for bring accepting the stolen gun but he is. that makes no sense. i mean come on people he had a gun on school property and he admitted to it that is guilty in my book. his buddies should have tried to get him help before this then maybe he wouldn't be looking at jail time.
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OneAmongThem
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07-10-08 3:21 PM
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I think it's wonderful that you will be there for him peacelove! He needs love, no matter what. But he needs help no matter what too. Sometimes love is shown by discipline. It's the hardest thing to do for any parent, but if you didn't love your child, you would turn the other way when what they need most is help with being shown how to live in society in general. I personally believe he is lucky to have been in trouble so young if he was headed for trouble to begin with, because maybe he now will be able to get the help he must desparately need. Prison or jail is not the worst thing that can happen to someone, although I wouldn't wish it on anyone just for the heck of it. At least now maybe he will get another chance at life. A good life, after learning a lesson, and maybe getting the love from others he deserves, no matter what.
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REALLYDISTURBED
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07-10-08 2:57 PM
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If he wants to plead guilty....let him plead quilty. Thie is just Boyer waisting taxpayer money.
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nighthawk
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07-10-08 1:52 PM
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i think this kid need the time in prison the time in prison may help him straighten thing out in his life he could have brought the gun for harm but no one knows soooo. not even you peacelove he could have not told you that
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peacelove
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07-10-08 12:43 PM
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on top of waht i was saying the kid lived in his car.
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peacelove
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07-10-08 12:41 PM
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This boy is the love of my life. yeah he may have taken the gun to school it wasnt going to be used for harm. he does have some problems that he needs help for. sending him to prison i think would just make it worse i now this kid on a very personal level, and he is an awsome person he has issues he needs help with. yeah you may be thinking if this was some one you didn't know you would feel the same way well i think i would other than the being in love with them part. and no matter what happens to him i want him and everybody else im going to be there for him.
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OneAmongThem
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07-10-08 11:27 AM
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This child needs treatment. He definately needs to serve out his punishment for what he did, but he also needs help finding out why he feels he feels the needs to harm himself.
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bobcatfan
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07-10-08 10:49 AM
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That is absurd to say.
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goulash
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07-10-08 10:25 AM
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What about their second amendment rights? These boys should take this to Scalia and his gang of loonies.
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brandon24
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07-10-08 10:16 AM
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i think that he should be able to stand trail even if he is nut he done the crime now he can do the time in jail like the rest of them have to do for this crime let see if u would want ur kids to be around a man with a gun or not i hope u say no that is just common since which most people here in washington county dont have
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brandon24
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07-10-08 10:16 AM
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i think that he should be able to stand trail even if he is nut he done the crime now he can do the time in jail like the rest of them have to do for this crime let see if u would want ur kids to be around a man with a gun or not i hope u say no that is just common since which most people here in washington county dont have
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