MIAMI COUNTY, Ohio -- "It was an unnecessary tragedy that should not have happened, because it caused a lot of people a lot of pain," said Christopher Harvey of Piqua, as he was about to be sentenced Monday afternoon in Miami County Common Pleas Couirt in Troy. Harvey also apologized to the family of Johnny "Spiderman" Sowers, also to the public and to his own family.

On May 18 Judge Robert Lindeman found Harvey guilty of involuntary manslaughter, and also threw out the charge of aggravated robbery on a legal technicality. Lindeman then sentenced Harvey to four years in prison.

From the bench, Lindeman told Harvey, "I noted that you did not strike or kicked the victim, I also noted that you were not driving the motor vehicle. Obviously the driver of the vehicle has the last say so when the car stops or doesn't."

Harvey was one of three young men in March of 2008 who took Sowers out in a rural area south of Piqua, robbed him of $400, assaulted him and left him in a side ditch to die in near blizzard conditions. Days later his frozen body was found on Bausman Road.

The county coroner ruled the case a homicide, stating the cold weather exposure led to a fatal heart arrhythmai.

The sister of Sowers, Rebecca Grapner, told Harvey it was at the funeral home in Sidney where she saw her brother for the first time in 14 years.

Grapner told Harvey, "I do not have any hate for you what so ever. But, the only thing I'm going to say to you is get right with God," pointing to the heavens, "because God will take care of you." Harvey shook his head several times in agreement as he looked Grapner in the eyes.

The other co-defendants, Chad Jordan of Urbana and Ryan Smith of Piqua, accepted plea bargains in this case on charges of involuntary manslaughter and aggravated robbery. Both are serving eight years in prison.

Judge Lindeman gave Harvey credit for the 157 days he had already served in the Miami County jail awaiting trial and sentencing.

Miami County Prosecutor Gary Nasal was surprised and disappoinment that Harvey did not get the same eight years as the other defendants. "We believe that the defendants in this case were equally culpable," said Nasal after the sentencing.

steve.baker@whiotv.com