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please help this kid if you can if not spead the word...

KainVictus

Regular Member
Joined
Nov 22, 2011
Messages
97
Location
Patuxent River MD
While I find this to be a sad turn of events the fact remains the law is very clear on this issue. Personally I think the kid should be forgiven his mistake but why not use his cell or a friends cell to call his mother and have her pick it up? Why go to the office?
 

eye95

Well-known member
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Jan 6, 2010
Messages
13,524
Location
Fairborn, Ohio, USA
Yes. The law is clear. He did not "knowingly" nor "willingly" bring the gun onto campus. When he discovered the neither knowing nor willing mistake, he tried to find the least onerous way to fix the problem. He is guilty of making a mistake and making the best effort to fix it honestly. Neither of those is a crime.


Sent from my iPad using Tapatalk.

<o>
 

davidmcbeth

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Jan 14, 2012
Messages
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Location
earth's crust
That's why all these laws are crap ... just catching folks going about life. I don't support any law that limits where we can carry or possess.
 
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EMNofSeattle

Regular Member
Joined
Aug 7, 2012
Messages
3,670
Location
S. Kitsap, Washington state
Wowwie,,,,,,,,

eye95 said:
Yes. The law is clear. He did not "knowingly" nor "willingly" bring the gun onto campus. When he discovered the neither knowing nor willing mistake, he tried to find the least onerous way to fix the problem. He is guilty of making a mistake and making the best effort to fix it honestly. Neither of those is a crime.

Eye, you may be on to something, look at some precedent here...
Take a look at this....


http://www.wtsbradio.com/pages/localnews.html

(you'll need to scroll down a few stories to find the story on this incident in this radio station's news feed, but worth looking at) This involves the assistant principle of this same school in a different gun related incident in 2011.

In March 2011, Princeton School Assistant Principal Catherine Bennett was suspended but never criminally charged after bringing a gun onto campus that was found in the glove box of her vehicle, while being worked on by the school’s auto mechanics class.

Bennett had reportedly asked the resource officer to check the car because she had misplaced the weapon and had been searching for it. The officer, Andy Worley, reportedly found the gun but did not take possession of it, instead, he placed it back in the glove box and locked the car doors.

When Bennett and Worley went to retrieve the weapon from the car hours later, the vehicle had been moved inside the auto mechanics class, and the gun was missing.

After questioning several students, the gun was reportedly found hidden underneath the fender of the vehicle. Two students who found the gun allegedly showed the firearm to two other classmates. None of the four students were charged in the 2011 incident.

Officials said at the time the assistant principal would not face charges since she was not aware her missing handgun was in the glove box. Bennett declined to comment on the incident when contacted by WTSB News in 2011.
 
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EMNofSeattle

Regular Member
Joined
Aug 7, 2012
Messages
3,670
Location
S. Kitsap, Washington state
He should have just left school that's what I would have told my son go as fast as u can .....

exactly.

he should've gone home, I'm not aware of anyone, EVER who has been prosecuted in my county for truancy or even punished for missing up to 5 days of classes unexcused.

he should've gone straight home, if the principle had seen him leave and started yelling at him to come back to school he can ignore them and MAYBE take a day or two suspension for insuborination.... however a friend of mine did that and didn't get any suspension, because he came back to school the next day with crying eyes talking about how his "dog was dying and that's why he left... no punishment at all....
 

Grapeshot

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Location
Valhalla
I wish I could thumbs up this.

Happy to oblidge
icon14.png


Follow this also on John Piece's Monachus Lex. Flood the School Board and Prosecutor with emails and phone calls - links provided.

So what can you do for Cole?

  1. Contact the Johnson County School Board and let them know what you think of their actions.
  2. Contact the Johnston County DA Susan Doyle via email Susan.I.Doyle@nccourts.org or telephone (919) 209-5521 and ask her to immediately drop the charges against Cole.
  3. Sign this petition that is going to the School Board.
  4. Sing this petition to the Governor.
  5. Keep up with the #FreeCole campaign at their Facebook page.

I would like for
Cole_Withrow-300x300.jpg
you to meet Cole Withrow. In addition to being an Eagle Scout, Cole is an honors student and high school senior in Johnson County North Carolina ... at least he was until recently.

Now, he is charged with a felony, expelled from school weeks before graduation, and sees his college plans crumbling since he will not be allowed to graduate.


 

EMNofSeattle

Regular Member
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Aug 7, 2012
Messages
3,670
Location
S. Kitsap, Washington state
not completely related but....

look what a quick google search dug up on the DA who's office is charging the Eagle Scout....

http://www.wral.com/news/local/story/9797338/

Smithfield, N.C. — Johnston County District Attorney Susan Doyle on Tuesday filed suit against a longtime friend, alleging the woman had an affair with Doyle's husband last year.

The "criminal conversation" lawsuit alleges that Christi Stem and Michael Doyle had sex several times in 2010. The relationship "caused the plaintiff to suffer great mental anguish, humiliation, injury to physical and emotional health and the loss of assistance and financial support of her spouse."

interesting huh? but wait, it gets better!

Last year, Susan Doyle prosecuted Christi Stem's law partner, Lee Hatch, as part of a ticket-fixing scheme in Johnston County. Hatch is now serving a 3½-year prison sentence for obstruction of justice, criminal conspiracy and altering official case records.

This sounds fishy to me.....

I think if we have someone who lives closer to Johnston county they should look into the district attorney..... and if NC law allows for recall of elected officials, this incident, which on it's own is unreasonable, can be paired with the DA's previous..... interesting decisions to mount an effective recall campaign... practically it seems this woman is iffy already, so this can be a straw that breaks the camel's back...

so after checking, no recall is authorized... however she's up for reelection in 2014... and a felony prosecution can probably be drug out to last as long as possible, if the people of johnston county don't agree with this prosecution the last thing Doyle wants is to have this drug out the next partisan election cycle. same goes for the sheriff, there should be petitions and demonstrations and pledges by as many as possible to remove the sheriff and DA from office next cycle if they allow this to continue....

I may be thinking long term, but lets face it, these people will continue to walk all over the people they serve until people get fed up enough to teach them a lesson for their various misdeeds.
 
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RimfireGal

New member
Joined
Apr 16, 2013
Messages
2
Location
Johnston County, NC
Update - Young man will be allowed to graduate

This is straight from WRAL news.....

Princeton, N.C. — A Princeton High School senior and honors student who says he inadvertently brought an two unloaded shotguns onto school property will be allowed to graduate, an attorney for Johnston County Schools said Thursday.

Also in the report, i noticed this paragraph also.

"In 2011, Assistant Principal Catherine Bennett allowed the school's auto mechanics class to work on her car, not knowing that she had left a gun in the glove box. Students in the class found the weapon and showed it to classmates. Bennett and a school resource officer were each suspended for three days without pay, but neither faced criminal charges."

If an Asst Principal and a LEO were only suspended for 3 days and didn't face criminal charges, how can they try to prosecute this young man? Also, what about the students that found the weapon and showed it around? At least this young man was trying to take care of the problem in an honest way, and got penalized way to harshly!!

*** I have found more info and although they are letting him graduate, it is at an "alternative school" and not at his school with his classmates.
" Johnston County Superintendent Ed Croom reviewed the case, Wood said, and agreed to forgo the recommended 365-day suspension and to allow Withrow to finish out his high school career, beginning May 13, at an alternative school."
 
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Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
They're sweeping it under the rug!

This is straight from WRAL news.....

Princeton, N.C. — A Princeton High School senior and honors student who says he inadvertently brought an two unloaded shotguns onto school property will be allowed to graduate, an attorney for Johnston County Schools said Thursday.

--snipped--

*** I have found more info and although they are letting him graduate, it is at an "alternative school" and not at his school with his classmates.
" Johnston County Superintendent Ed Croom reviewed the case, Wood said, and agreed to forgo the recommended 365-day suspension and to allow Withrow to finish out his high school career, beginning May 13, at an alternative school."

Not good enough - FOR SHAME.

Return him to his school, keep his transcripts clean, let him graduate with his class, drop the prosecution AND thank him for setting a good example. Nothing less.

In other words, apologize for over reacting.
 

EMNofSeattle

Regular Member
Joined
Aug 7, 2012
Messages
3,670
Location
S. Kitsap, Washington state
If an Asst Principal and a LEO were only suspended for 3 days and didn't face criminal charges, how can they try to prosecute this young man? Also, what about the students that found the weapon and showed it around? At least this young man was trying to take care of the problem in an honest way, and got penalized way to harshly!!

*** I have found more info and although they are letting him graduate, it is at an "alternative school" and not at his school with his classmates.
" Johnston County Superintendent Ed Croom reviewed the case, Wood said, and agreed to forgo the recommended 365-day suspension and to allow Withrow to finish out his high school career, beginning May 13, at an alternative school."

Rimfiregal, welcome to OCDO from the shining emerald city in Washington state, hope you stick around and enjoy your time on the forums

second, this is a positive development, but the criminal prosecution still hangs over his head, don't let this dampen intensity... if people in Johnston county dislike this incident, this shouldn't be good enough, all criminal charges must be dropped as well...
 

RimfireGal

New member
Joined
Apr 16, 2013
Messages
2
Location
Johnston County, NC
Thank you for the Welcome, EMN, i have been lurking for a while and just joined recently and usually just keep my yap shut and absorb all the knowledge and advice given, but i had to stand up for this young man.

From what i have learned from the news, his court date for the charges is May 16, and he has an outpouring of support from everyone in Johnston county to many across the world who heard about it from the internet. Even Glenn Beck tweeted about it to get the message out. People here in Johnston county has bombarded everyone from the DA to the school board with emails, phone calls and petitions to have the charges dropped. Lots of FREE COLE messages on t-shirts and vehicles are popping up everywhere! He has even received scholarship offers from Harding University in Searcy, Ark., and Liberty University in Lynchburg, Va.

I hope that everything works out for this young man.
 

Jamesm760

Regular Member
Joined
Apr 13, 2013
Messages
429
Location
Salisbury, NC
Thank you for the Welcome, EMN, i have been lurking for a while and just joined recently and usually just keep my yap shut and absorb all the knowledge and advice given, but i had to stand up for this young man.

From what i have learned from the news, his court date for the charges is May 16, and he has an outpouring of support from everyone in Johnston county to many across the world who heard about it from the internet. Even Glenn Beck tweeted about it to get the message out. People here in Johnston county has bombarded everyone from the DA to the school board with emails, phone calls and petitions to have the charges dropped. Lots of FREE COLE messages on t-shirts and vehicles are popping up everywhere! He has even received scholarship offers from Harding University in Searcy, Ark., and Liberty University in Lynchburg, Va.

I hope that everything works out for this young man.

Justice is guaranteed. Maybe not now when we need it the most, but eventually the US will once again be the place it once used to be. Even though this might sound wrong, I am glad this happened, this will determine how much power We The People still have. We need to unite like this for everything that is unjust, and slowly we will get the change that we all want. I hope that with everything that is being done, his name gets cleared and the charges get dropped. #freecole
 

carolina guy

Regular Member
Joined
Jun 21, 2012
Messages
1,737
Location
Concord, NC
Sounds like this kid needs a good defense fund. As long as the state cannot prove he "knowingly" brought the gun, looks like they cannot even get him on a lesser misdemeanor either.

edit: sorry for the formatting...the link will take you the more readable version on the state's website.
§ 14‑269.2. Weapons on campus or other educational property.(a) The following definitions apply to this section:(1) Educational property. – Any school building or bus, school campus, grounds, recreational area, athletic field, or other property owned, used, or operated by any board of education or school board of trustees, or directors for the administration of any school.(1a) Employee. – A person employed by a local board of education or school whether the person is an adult or a minor.(1b) School. – A public or private school, community college, college, or university.(2) Student. – A person enrolled in a school or a person who has been suspended or expelled within the last five years from a school, whether the person is an adult or a minor.(3) Switchblade knife. – A knife containing a blade that opens automatically by the release of a spring or a similar contrivance.(4) Weapon. – Any device enumerated in subsection (b), (b1), or (d) of this section.(b) It shall be a Class I felony for any person knowingly to possess or carry, whether openly or concealed, any gun, rifle, pistol, or other firearm of any kind on educational property or to a curricular or extracurricular activity sponsored by a school. Unless the conduct is covered under some other provision of law providing greater punishment, any person who willfully discharges a firearm of any kind on educational property is guilty of a Class F felony. However, this subsection does not apply to a BB gun, stun gun, air rifle, or air pistol.(b1) It shall be a Class G felony for any person to possess or carry, whether openly or concealed, any dynamite cartridge, bomb, grenade, mine, or powerful explosive as defined in G.S. 14‑284.1, on educational property or to a curricular or extracurricular activity sponsored by a school. This subsection shall not apply to fireworks.(c) It shall be a Class I felony for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any gun, rifle, pistol, or other firearm of any kind on educational property. However, this subsection does not apply to a BB gun, stun gun, air rifle, or air pistol.(c1) It shall be a Class G felony for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any dynamite cartridge, bomb, grenade, mine, or powerful explosive as defined in G.S. 14‑284.1 on educational property. This subsection shall not apply to fireworks.(d) It shall be a Class 1 misdemeanor for any person to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slungshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp‑pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.(e) It shall be a Class 1 misdemeanor for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slungshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp‑pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.(f) Notwithstanding subsection (b) of this section it shall be a Class 1 misdemeanor rather than a Class I felony for any person to possess or carry, whether openly or concealed, any gun, rifle, pistol, or other firearm of any kind, on educational property or to a curricular or extracurricular activity sponsored by a school if:(1) The person is not a student attending school on the educational property or an employee employed by the school working on the educational property; and(1a) The person is not a student attending a curricular or extracurricular activity sponsored by the school at which the student is enrolled or an employee attending a curricular or extracurricular activity sponsored by the school at which the employee is employed; and(2) Repealed by Session Laws 1999‑211, s. 1, effective December 1, 1999, and applicable to offenses committed on or after that date.(3) The firearm is not loaded, is in a motor vehicle, and is in a locked container or a locked firearm rack.(4) Repealed by Session Laws 1999‑211, s. 1, effective December 1, 1999, and applicable to offenses committed on or after that date.(g) This section shall not apply to any of the following:(1) A weapon used solely for educational or school‑sanctioned ceremonial purposes, or used in a school‑approved program conducted under the supervision of an adult whose supervision has been approved by the school authority.(1a) A person exempted by the provisions of G.S. 14‑269(b).(2) Firefighters, emergency service personnel, and North Carolina Forest Service personnel, and any private police employed by a school, when acting in the discharge of their official duties.(3) Home schools as defined in G.S. 115C‑563(a).(4) Weapons used for hunting purposes on the Howell Woods Nature Center property in Johnston County owned by Johnston Community College when used with the written permission of Johnston Community College or for hunting purposes on other educational property when used with the written permission of the governing body of the school that controls the educational property.(5) A person registered under Chapter 74C of the General Statutes as an armed armored car service guard or an armed courier service guard when acting in the discharge of the guard's duties and with the permission of the college or university.(6) A person registered under Chapter 74C of the General Statutes as an armed security guard while on the premises of a hospital or health care facility located on educational property when acting in the discharge of the guard's duties with the permission of the college or university.(h) No person shall be guilty of a criminal violation of this section with regard to the possession or carrying of a weapon so long as both of the following apply:(1) The person comes into possession of a weapon by taking or receiving the weapon from another person or by finding the weapon.(2) The person delivers the weapon, directly or indirectly, as soon as practical to law enforcement authorities. (1971, c. 241, ss. 1, 2; c. 1224; 1991, c. 622, s. 1; 1993, c. 539, s. 164; c. 558, s. 1; 1994, Ex. Sess., c. 14, s. 4(a), (b); 1995, c. 49, s. 1; 1997‑238, s. 2; 1999‑211, s. 1; 1999‑257, s. 3, 3.1; 2003‑217, s. 1; 2004‑198, ss. 1, 2, 3; 2006‑264, s. 31; 2007‑427, s. 6; 2007‑511, s. 12; 2011‑268, s. 4.)
 
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carolina guy

Regular Member
Joined
Jun 21, 2012
Messages
1,737
Location
Concord, NC
This is straight from WRAL news.....

Princeton, N.C. — A Princeton High School senior and honors student who says he inadvertently brought an two unloaded shotguns onto school property will be allowed to graduate, an attorney for Johnston County Schools said Thursday.

Also in the report, i noticed this paragraph also.

"In 2011, Assistant Principal Catherine Bennett allowed the school's auto mechanics class to work on her car, not knowing that she had left a gun in the glove box. Students in the class found the weapon and showed it to classmates. Bennett and a school resource officer were each suspended for three days without pay, but neither faced criminal charges."

If an Asst Principal and a LEO were only suspended for 3 days and didn't face criminal charges, how can they try to prosecute this young man? Also, what about the students that found the weapon and showed it around? At least this young man was trying to take care of the problem in an honest way, and got penalized way to harshly!!

*** I have found more info and although they are letting him graduate, it is at an "alternative school" and not at his school with his classmates.
" Johnston County Superintendent Ed Croom reviewed the case, Wood said, and agreed to forgo the recommended 365-day suspension and to allow Withrow to finish out his high school career, beginning May 13, at an alternative school."

Its the whole "knowingly" part of the statute. This is what SHOULD save this boy's bacon as well. Inadvertently does not equal knowingly, and he has the precedent set by the school district with its employees.

The DA should just drop this as a complete waste of time and $$ for all involved, apologize to the student and force the school to reinstate him with a clean record.
 
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Jamesm760

Regular Member
Joined
Apr 13, 2013
Messages
429
Location
Salisbury, NC
Update:

He is not allowed to graduate from his current high school, but he can graduate at an alternate high school. Also the charges are not getting droped. He will have a felony on record.

This is coming from a friend that lives near him. By the time you read this, status might change.
 

carolina guy

Regular Member
Joined
Jun 21, 2012
Messages
1,737
Location
Concord, NC
Update:

He is not allowed to graduate from his current high school, but he can graduate at an alternate high school. Also the charges are not getting droped. He will have a felony on record.

This is coming from a friend that lives near him. By the time you read this, status might change.

It's not over until it's over...IMO (and IANAL), I don't think they have a case realistically. 1st, he didn't "knowingly" bring the shotgun to school (locked in his truck)...and the conversation was at very best, LEGALLY overheard and then ILLEGALLY reported. More than likely, the person who overheard, did so intentionally. I would be willing to bet that the kid was whispering to keep others from hearing that he realized he left the shotgun in his truck. Personally, I think that ALL state employees should consider the laws of the state to be part of their "employee handbook" and they should be expected to know it and abide by it, making (a)(1) applicable as well.

This is from another thread, but I think this kid needs a good lawyer and he should have a pretty good college fund when this is over:

Carolina Guy said:
If I were this kid, I would be pressing for FULL prosecution of the employee that "heard" the conversation, and the school official that acted upon that illegally obtained information, not to mention moving to exclude that overheard conversation as evidence for his prosecution. NC law does not require that the conversation and "interception" only occur on the phone. Sounds like the DA might want to drop this post-haste as well, since the newspaper article states that the conversation was "overheard" and the DA should know better and *might* want to avoid losing his job!

http://www.ncga.state.nc.us/EnactedL...S_15A-287.html

§ 15A‑287. Interception and disclosure of wire, oral, or electronic communications prohibited.
(a) Except as otherwise specifically provided in this Article, a person is guilty of a Class H felony if, without the consent of at least one party to the communication, the person:
(1) Willfully intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept, any wire, oral, or electronic communication.
(2) Willfully uses, endeavors to use, or procures any other person to use or endeavor to use any electronic, mechanical, or other device to intercept any oral communication when:
a. The device is affixed to, or otherwise transmits a signal through, a wire, cable, or other like connection used in wire communications; or
b. The device transmits communications by radio, or interferes with the transmission of such communications.
(3) Willfully discloses, or endeavors to disclose, to any other person the contents of any wire, oral, or electronic communication, knowing or having reason to know that the information was obtained through violation of this Article; or
(4) Willfully uses, or endeavors to use, the contents of any wire or oral communication, knowing or having reason to know that the information was obtained through the interception of a wire or oral communication in violation of this Article.


(b) It is not unlawful under this Article for any person to:
(1) Intercept or access an electronic communication made through an electronic communication system that is configured so that the electronic communication is readily accessible to the general public;
(2) Intercept any radio communication which is transmitted:a. For use by the general public, or that relates to ships, aircraft, vehicles, or persons in distress;b. By any governmental, law enforcement, civil defense, private land mobile, or public safety communication system, including police and fire, readily available to the general public;c. By a station operating on any authorized band within the bands allocated to the amateur, citizens band, or general mobile radio services; ord. By any marine or aeronautical communication system; or
(3) Intercept any communication in a manner otherwise allowed by Chapter 119 of the United States Code.

(c) It is not unlawful under this Article for an operator of a switchboard, or an officer, employee, or agent of a provider of electronic communication service, whose facilities are used in the transmission of a wire or electronic communication, to intercept, disclose, or use that communication in the normal course of employment while engaged in any activity that is a necessary incident to the rendition of his or her service or to the protection of the rights or property of the provider of that service, provided that a provider of wire or electronic communication service may not utilize service observing or random monitoring except for mechanical or service quality control checks.

(d) It is not unlawful under this Article for an officer, employee, or agent of the Federal Communications Commission, in the normal course of his employment and in discharge of the monitoring responsibilities exercised by the Commission in the enforcement of Chapter 5 of Title 47 of the United States Code, to intercept a wire or electronic communication, or oral communication transmitted by radio, or to disclose or use the information thereby obtained.

(e) Any person who, as a result of the person's official position or employment, has obtained knowledge of the contents of any wire, oral, or electronic communication lawfully intercepted pursuant to an electronic surveillance order or of the pendency or existence of or implementation of an electronic surveillance order who shall knowingly and willfully disclose such information for the purpose of hindering or thwarting any investigation or prosecution relating to the subject matter of the electronic surveillance order, except as is necessary for the proper and lawful performance of the duties of his position or employment or as shall be required or allowed by law, shall be guilty of a Class G felony.

(f) Any person who shall, knowingly or with gross negligence, divulge the existence of or contents of any electronic surveillance order in a way likely to hinder or thwart any investigation or prosecution relating to the subject matter of the electronic surveillance order or anyone who shall, knowingly or with gross negligence, release the contents of any wire, oral, or electronic communication intercepted under an electronic surveillance order, except as is necessary for the proper and lawful performance of the duties of his position or employment or as is required or allowed by law, shall be guilty of a Class 1 misdemeanor.

(g)
Any public officer who shall violate subsection (a) or (d) of this section or who shall knowingly violate subsection (e) of this section shall be removed from any public office he may hold and shall thereafter be ineligible to hold any public office, whether elective or appointed.
(1995, c. 407, s. 1.)

 
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