I actually said I wasn't going to post this, but...
I know what the initial gut reaction is, and honestly I had it also, but after that faded, I analyzed the story and have some questions.
First of all, it says he was carrying (actually used the LEGAL term brandishing, but later took it down, because it is a criminal offense that goes directly with unholstering a gun as a threat) an open holster, not a gun, a holster, okay, not in the best taste, but still not a violation of the law.
Then it states that he made threats to someone, somewhere, sometime, to bring a gun to school. WCHS actually states that a deputy stated that a staff member stated that he made the threat to them. In court, I believe that is usually called heresay, you can't testify as a witness that someone else states that they heard someone say something. Convoluted I know, but that's my point. Another thing, I don't see the threat. Where is the threat? Yes, under state and federal law, you cannot bring a LOADED gun to school, but under state (and federal) law, you can bring an unloaded gun in your vehicle on school property. The state law follows...
§61-7-11a
(b) (1) It shall be unlawful for any person to possess any firearm or any other deadly weapon on any school bus as defined in section one, article one, chapter seventeen-a of this code, or in or on any public or private primary or secondary education building, structure, facility or grounds thereof, including any vocational education building, structure, facility or grounds thereof where secondary vocational education programs are conducted or at any school-sponsored function.
(2) This subsection shall not apply to:
(C) A person who, as otherwise permitted by the provisions of this article, possesses an unloaded firearm or deadly weapon in a motor vehicle, or leaves an unloaded firearm or deadly weapon in a locked motor vehicle;
Technically, that would be bringing a gun to the school, but in a legal way.
It also states that he was on the property multiple times, and actually states that he was IN the building, why? Did he have a child/grandchild/dependant who was a student? We don't know, it's another unanswered question. I also have other problems on multiple levels. If he did not have a child in school there, why was he allowed in? The school doors are locked, why did the STAFF let him in? Also, if he was not supposed to be there and was there multiple times before, why didn't someone ask him to leave, and if he came back, why wasn't he charged with trespass? WCHS also reported he had a folding knife and that it was prohibited on school grounds. Did the knife meet the legal definition of a "knife?"
§61-7-2. Definitions.
(3) "Knife" means an instrument, intended to be used or readily adaptable to be used as a weapon, consisting of a sharp- edged or sharp-pointed blade, usually made of steel, attached to a handle which is capable of inflicting cutting, stabbing or tearing wounds. The term "knife" shall include, but not be limited to, any dagger, dirk, poniard or stiletto, with a blade over three and one- half inches in length, any switchblade knife or gravity knife and any other instrument capable of inflicting cutting, stabbing or tearing wounds. A pocket knife with a blade three and one-half inches or less in length, a hunting or fishing knife carried for hunting, fishing, sports or other recreational uses or a knife designed for use as a tool or household implement shall not be included within the term "knife" as defined herein unless such knife is knowingly used or intended to be used to produce serious bodily injury or death.
As you can see, normal pocket knives with a blade 3.5" or less are excluded in the definition of a knife, so just how big was his folding knife? Under what authority was it prohibited? WV State law indicates that a pocket knife primarily used as a tool is not considered a weapon, hence no prohibition in places were weapons are not allowed.
Additionally, both report that he had a loaded gun in his car NEAR the school. But the definition of near is another topic. And WV is a open carry state, you are legally allowed to have a loaded gun locked in your car (there some debate with hunting regulations though.) Was the car parked near the school? Did he live near the school?
Ultimately, this is sensationalism at its best. I don't know the guy, don't claim I know his intentions (he may very well be a bad guy, or not, but cannot make a determination due to facts?), nor am I defending him. What I am lamblasting, is shotty reporting. This story was meant to stir the emotions, to press a known bias for gun control, and these two "NEWS" agencies should be ashamed of themselves.
http://www.wsaz.com/news/headlines/Man-Arrested--188147091.html
http://www.wchstv.com/newsroom/eyewitness/130123_13272.shtml
