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.
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.
He should have just left school that's what I would have told my son go as fast as u can .....
I wish I could thumbs up this.
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."
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 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."
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."
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.
§ 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.)
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."
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 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
It's not over until it's over...IMO (and IANAL), I don't think they have a case realistically.