Boy Guilty Of Bringing Air Pistol To School To 'Shoot' Teacher
POSTED: Friday, January 18, 2008
UPDATED: 10:06 am EST January 18,2008
VIERA, Fla., -- A Melbourne boy was found guilty Thursday of bringing an air pistol to school to "shoot" his teacher, according to Local 6 News partner Florida Today.
During the boy’s one-day trial, a classmate of the 12-year-old testified the boy pulled the BB gun out his backpack Sept. 19.
According to the classmate, the boy said he planned to use it to shoot Palm Bay Municipal Charter teacher Heather Novak because she wouldn't let him go to the school office to call his mother.
However, the defendant and his parents denied he ever took a weapon to school, and said he led police to his father’s non-working BB gun he'd hidden in their back yard because police threatened the family.
His mother said she immediately searched her son's backpack when the principal called her on her way home, and she didn’t find a gun.
The boy admitted he had been playing with the air pistol about a week prior to the incident, and hid it under a bush because he knew his father would be upset.
He initially told police he hadn't taken a gun to school, and said he led them to the gun hidden in the back yard to protect his family. His mother testified police threatened to "shut down the school"” and "tear the house apart and we’d all be in trouble."
"I didn’t want to bring more trouble to my house," the boy testified.
Judge Jim Earp found the boy guilty of bringing a gun onto school property, a third-degree felony, and carrying a concealed weapon, a misdemeanor.
He said the classmate's testimony and identification of the weapon in court was credible because he was neither a friend nor enemy to the defendant, and had no outside interests in the case.
Earp rejected defense attorney Beverly James' argument that the boy never actually told police he had taken the gun in the back yard to school because, he said, prosecutors did not have to prove how the weapon got to the defendant’s home once it left school property.
Pending the recommendation of a predisposition report by the Department of Juvenile Justice, the boy could be sentenced to community service or other tasks through probation or be ordered to attend classes or spend time at a juvenile facility, said Assistant State Attorney and juvenile division chief Jo Lynn Nelson.
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