Conviction upheld in Troy church threat case
Troy — The Michigan Court of Appeals has upheld the 2008 conviction of a former Troy church music director for sending threatening e-mails to church leaders, including naming his wife on a hit list, and promising a "Columbine" or "Virginia Tech-style" shooting at services.
But in its decision released today, the three-judge panel sent the case of for Roy Owen Yaryan back to Oakland Circuit Court for resentencing after ruling the trial judge improperly scored sentencing guidelines for the 57-year-old Rochester Hills man.
Yaryan was convicted of making the threats to leaders of the Evanswood Church of God just days after 32 people were killed at the Virginia Tech University in 2007. An Oakland Circuit Court jury found him guilty of making two false reports of terrorism and two counts of using a computer to make threats.
In its ruling, the court said that points were assessed in sentencing because Yaryan ran and tried to hide his computer from police who were attempting to execute a search warrant. Because the conduct occurred after the offense was completed, it should not have been included, the judges said.
Oakland Circuit Judge Steven N. Andrews sentenced Yaryan to six to 20 years in prison.
Investigators seized computers from Yaryan and during an interview at his home, he confessed. Yaryan also insisted he had no intention of carrying out the threats and blamed pain medications and lack of sleep for his actions. He also admitted being upset with the direction the church was headed in and wanted to make everyone there uncomfortable.
http://www.detnews.com/article/20100120/METRO/1200403/1361/Conviction-upheld-in-Troy-church-threat-case
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