Man accused of attacking prosecutor sentenced on sexual assault charge

LANSING - Joshua Harding watched from a holding cell in the Ingham County jail Wednesday morning as he was sentenced to nearly two decades in prison.

About 14 miles to the north, on the third floor of Veterans Memorial Courthouse, prosecutors made their pitch to Ingham County Circuit Court Judge James Jamo that Harding, who video shows attacked an assistant prosecutor in a Lansing courtroom last month, should spend decades in prison for sexually assaulting a then 10-year-old girl in a cemetery.

Harding, 35, of Okemos, waived his right to be present for his sentencing and instead attended through a video conference.

He appeared on a TV on the wall of the same courtroom where the attack happened. He wore a red jail jump suit and glasses. Harding spoke briefly, asking Jamo to sentence him fairly and thanking the court for its time. He said he plans to appeal his conviction.

Prosecutors said Harding told a family member during a jail phone call that he didn't want to be in the courtroom for his sentencing and if he had to be he would attack his attorney, Eric Tomal. Tomal didn't represent Harding during the trial. Harding said during his sentencing Wednesday that he and Tomal were on good terms.

Jamo sentenced Harding to 19 to 38 years in prison, with credit for 538 days already served.

"The danger he presents, in particular to children in the community, deprives families of the ability to feel safe in having their children engaging in activities that kids should be able to do without having to have a guard stand watch over them at all times," Jamo said. "This impacts everyone. It does impact the community. That is not lost upon me."

Prosecutors pushed for  longer sentence with a minimum of 50 years, arguing Harding’s previous convictions for sexually assaulting children and numerous probation violations show he is a danger to the public. He has a pattern of sexually assaulting children soon after being released from prison and so therefore should have a longer sentence, they said.

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"He is a predator who cannot and will not be rehabilitated," said Assistant Prosecuting Attorney Jonathan Roth, the prosecutor who Harding is shown attacking on video Aug. 2 with what officials have described as a shank. Roth wasn’t injured.

"So often at sentencing the court is asked to speculate about the future, to protect the community based on possibilities," Roth said. "In this case we are not bringing to you a possibility, but a sure thing. When and if this man is released, he will reoffend. And he will do so with children."

Harding has a history of reoffending soon after his release from prison, Roth said, including in 2011 when he did so a month after his release. He was convicted in that incident and released in September 2014, Roth said, and seven months later was arraigned on charges in the case Jamo sentenced him on Wednesday.

Jamo made a point of saying that while he sets the minimum and maximum sentence, he doesn’t determine when a defendant can be paroled.

Tomal asked Jamo to sentence his client for the charge he was convicted on, not his previous conduct.

The courtroom attack, which was captured on video, wasn't mentioned during the sentencing hearing. The Attorney General's Office is reviewing investigative reports related to the attempted courtroom attack, a spokeswoman said. No charges have been filed.

Harding, a registered sex offender, was charged last year after police said he fondled two children at a local cemetery.

He went to trial on two charges related to that incident earlier this year and and the jury convicted Harding one one charge of second-degree criminal sexual conduct, but was unable to reach a verdict on the other sexual assault charge, which prosecutors dismissed.

Following the sentencing hearing, Meridian Township Police Office Brian Canen and others, including Roth and Ingham County deputies James Beson and Mark Wadford, were honored in the Senate Chamber in the State Capitol Building for their actions during the attack.

Video shows that on Aug. 2, Harding appears to pull a weapon out of his sleeve while the jury enters the courtroom with its verdict.

He then ran at Roth from the prosecutor's left. Canen, who was standing on the other side of Roth, sees Harding as he's halfway to the prosecution table and starting to raise his right hand, which appears to have the weapon. Roth ducks and Canen's arm appears to deflect Harding's arm as the detective starts to tackle Harding.

From the video, it appears Harding's weapon missed Roth's face by inches.

Contact Matt Mencarini at (517) 267-1347 or mmencarini@lsj.com. Follow him on Twitter @MattMencarini.