Middle school student arrested for pointing finger gun at students
WTAF?!? The school resource officer and the local PD thought it was prudent to proceed with arresting and charging a 13yo for pointing a finger?
I'd expect this stupidity in coastal Blue states filled with know-it-all, overbearing adults but, this is 'fly-over country', is this where liberal teachers & principals are trying to prove how woke they are to the coastal elites by over-reacting? D
Did the girl mouth-off so badly when she was called into the principal's office that having her arrested was the best course of action? No parent-teacher conference? No counseling?
A 12-year-old Overland Park girl formed a gun with her fingers, pointed at four of her Westridge Middle School classmates one at a time, and then turned the pretend weapon toward herself.
Police hauled her out of school in handcuffs, arrested her and charged the child with a felony for threatening.
Shawnee Mission school officials said they could not discuss the case, citing privacy laws, but did say it wasn’t the district that arrested the child.
A school resource officer, employed, by the Overland Park Police Department, would have handled the arrest, Smith said. The department said it could not discuss the case.
But according to Johnson County District Court documents, on Sept. 18, the girl “unlawfully and feloniously communicated a threat to commit violence, with the intent to place another, in fear, or with the intent to cause the evacuation, lock down or disruption in regular, ongoing activities …” or created just the risk of causing such fear.
The Overland Park Police incident report provided to The Star included no details of what happened, only the date, time and place.
A person familiar with a more detailed incident report spoke to The Star on condition of anonymity. The person said that during a class discussion, another student asked the girl, if she could kill five people in the class, who would they be? In response, the girl allegedly pointed her finger pistol — like the ones many children use playing cops and robbers.
Because of that gesture, The Star was told, the girl was sent to Principal Jeremy McDonnell’s office, and the other students involved were also talked to. The school resource officer recommended that she be arrested, the source said. She was detained by police and later released to her mother. A hearing in the Juvenile Division of the District Court of Johnson County is set for Tuesday.
“I think that this is something that probably could have been handled in the principal’s office and got completely out of hand,” said Jon Cavanaugh, the girl’s grandfather in California, where the girl is now living. He said his granddaughter has no access to a real gun and she had no intent of harming anyone. “She was just mouthing off,” he said.
Smith said that in general, pointing a finger pistol might violate the district’s policy against intimidation and bullying. “I might not have anything in my hand but I might be so clear that the individual definitely feels threatened,” Smith said.
Following the many school shootings across the country, such as last year’s Feb. 14 mass killing at Marjory Stoneman Douglas High School in Parkland, Florida, many states have adopted zero-tolerance polices for bullying and threatening. School officials are sensitive to any gesture or language that could threaten the safety of students, teachers or school staff.
In 2015, a Colorado first-grader was suspended from school after forming his fingers into the shape of a gun, pointing toward a classmate and saying, “You’re dead.” School officials there said they have a zero-tolerance policy when it comes to threats.
A year earlier, in Columbus, Ohio, a 10-year-old boy was suspended for three days for pretending his finger was a gun. He reportedly pointed it at another student’s head.
Last month in the Shawnee Mission district, two 13-year-old students at Hocker Grove Middle School showed up with guns — the real thing — found stashed in their backpacks. Both were charged as juveniles in possession of a firearm, a misdemeanor that carries a penalty of up to one year in jail, a fine of up to $2,500 or both.
It’s a felony only if a kid commits the same crime a second time. The principal of Hocker Grove said there was no evidence suggesting the teens had planned to use the guns at school.
According to district policy, having a gun at school results in expulsion for up to 186 days, but it wasn’t clear how the two students were disciplined.
Threatening is a felony.
Shawnee Mission’s policies define intimidation as “any intentional written, verbal, electronic, or physical act or threat which is severe, persistent and pervasive enough that it may be expected to: Harm a student or damage a student’s property. Create fear of harm to a student or fear of damage to a student’s property. Interferes with a student’s education or participation in a school-sponsored activity or event. Create an intimidating or threatening educational environment.”
The policy states that “conferencing, corrective discipline, and/or referral to law enforcement” could occur in such cases.
A felony charge could hurt a student’s chances of being accepted into certain colleges or the military.
“I’m really worried about my granddaughter’s future,” Cavanaugh said. He said he was told the child could face as much as a year at a juvenile detention center.
This message has been edited. Last edited by: corsair,
October 11, 2019, 11:32 AM
Fenris
Nobody needs that many fingers.
Ban assault fingers. For the children.
God Bless and Protect our Beloved President, Donald John Trump.
October 11, 2019, 11:41 AM
Rightwire
The public education system in this country needs a clean slate protocol. Tear it down and rebuild it using the last successful model. I believe circa 1950's
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343 - Never Forget
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October 11, 2019, 11:49 AM
gearhounds
Insanity. Leftists poison everything they touch; heaven forbid kids act like kids.
“Remember to get vaccinated or a vaccinated person might get sick from a virus they got vaccinated against because you’re not vaccinated.” - author unknown
October 11, 2019, 11:49 AM
Balzé Halzé
Charged with a felony? These people need a hard kick in the ass. I hope there is a lawsuit to follow against these idiots.
~Alan Acta Non Verba NRA Life Member (Patron) God, Family, Guns, Country
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October 11, 2019, 11:55 AM
Sportshooter
We are a nation of laws wingnuts.
October 11, 2019, 11:57 AM
YooperSigs
Uhhh... The felony is way over the top! Especially given that kids who did bring real guns to school were charged with misdemeanors. And all this zero tolerance crap actually translates into zero common sense.
End of Earth: 2 Miles Upper Peninsula: 4 Miles
October 11, 2019, 12:04 PM
smschulz
quote:
Police hauled her out of school in handcuffs, arrested her and charged the child with a felony for threatening.
Gotta get those Prison Creds early~!
October 11, 2019, 12:18 PM
OKCGene
quote:
during a class discussion, another student asked the girl, if she could kill five people in the class, who would they be?
What about this student?
October 11, 2019, 12:44 PM
mrapteam666
Sad sad Sad
I tried numerous times to be a Police Officer and Deputy in that area.
If this is the how they investigate situations and the actions they take I would not have lasted.
The more I read the newspapers, I realize I may have a tough time returning to law enforcement and being required to enforce this ridiculous stuff.
I probably should go back to digging ditches
October 11, 2019, 01:04 PM
arfmel
I went to public schools 1st-12th grade and don’t recollect a single instance of being asked which five people I would kill. Admittedly, I got out of high school in 1975. Maybe that game hadn’t been discovered yet.
October 11, 2019, 01:08 PM
12GA
quote:
Originally posted by arfmel: I went to public schools 1st-12th grade and don’t recollect a single instance of being asked which five people I would kill. Admittedly, I got out of high school in 1975. Maybe that game hadn’t been discovered yet.
Same here. It wasn’t something I’d ever thought about much less ask for another’s opinion about.
__________________ Member NRA Member NYSRPA
October 11, 2019, 01:14 PM
GT-40DOC
I guess that I am just too old, and common sense no longer exists.....this is the dumist shit I have heard in a while.....of course ,there is always tomorrow.This message has been edited. Last edited by: GT-40DOC,
October 11, 2019, 04:34 PM
Sigmund
A felony?? It's time to search the home to ensure she does not have access to firearms!
No, I meant real ones.
October 16, 2019, 12:01 PM
Sigmund
A good editorial from the KC Star. FWIW, Overland Park PD Chief Frank Donchez used to be Chief in nearby Davenport IA.
Funny, but JoCo 13-year-old arrested for finger gun just looked like shy kid in court
BY MELINDA HENNEBERGER OCTOBER 16, 2019 05:00 AM, UPDATED 6 HOURS 55 MINUTES AGO
The slight 13-year-old who was charged with a felony for pointing her finger at four classmates and pretending to shoot them and then herself appeared in court on Tuesday in Overland Park.
Maybe that was a real killer in the glasses and pink sweater, holding tight onto her grandpa, who in turn kept squeezing her shoulder to offer reassurance. (“Always say, ‘Yes, your honor,’ ’’ he whispered at one point.)
But she sure did a great impersonation of a shy little kid, shaking slightly as she stood before the bench. When the judge mentioned that the girl’s mom, who recently moved to Norway, could join the next hearing by phone if that made sense given the time difference, the girl raised her hand, as if in class, and waited for the judge to call on her before offering in a small voice that Oslo is nine hours ahead of where she’s been living these last weeks, with her grandfather in California.
If she’s not the perennially picked-on lover of kittens and gun control that her family has described, this spontaneous display of diffidence was a diabolically canny touch.
But that scenario is about as convincing as Overland Park Police Chief Frank Donchez’ insistence that eighth graders at Westridge Middle School in the Shawnee Mission district are “generally in fear of this individual.”
According to her mother, she’s been bullied for some time — punched in the face on the school bus, and left sobbing in the lunchroom. On Sept. 18, after a boy asked tauntingly which five people in the class she’d shoot if she could, she answered by pointing her finger at him, several others, and finally herself: Bang, bang, bang, bang, bang.
The next day, somebody reported on the bullying tip line that she’d absolutely terrified her schoolmates with this gesture. Were these whistleblowers the same bullies who’d provoked her in the first place?
Either way, she should never have been put in handcuffs. You’d think that turning a pretend gun on herself would have prompted a call to counselors rather than cops.
The girl’s mother, Vanessa McCaron, says the school’s resource officer told her that “I will press charges against anyone who I think has broken the law.”
According to court documents, the girl “unlawfully and feloniously communicated a threat to commit violence, with the intent to place another in fear, or with the intent to cause the evacuation, lock down or disruption in regular, ongoing activities.” Chilling.
Donchez maintains that it’s those of us who see the police action as excessive who have acted too hastily when we should have just trusted that they know best.
Only, charging her with a felony never made any sense. If police and prosecutors really find her as menacing as they’ve suggested she is in defending the kind of get-a-load-of-this overreaction that keeps Fox News in business, then why did they offer her a chance to apply for diversion at Tuesday’s hearing?
Thank goodness they did, instead of putting her in detention for a year to prove a point. But one danger of having cops in schools is that they can tend to see all kinds of kid problems through a criminalizing, law enforcement lens.
And if school resource officers arrested every student who did something another middle schooler saw as threatening, criminal justice reform would have no chance at all.
October 16, 2019, 12:49 PM
Georgeair
quote:
Originally posted by Fenris: Nobody needs that many fingers.
Ban assault fingers. For the children.
Congrats - good illustration right outta the gate Mr. Wizard.
Originally posted by Rightwire: The public education system in this country needs a clean slate protocol. Tear it down and rebuild it using the last successful model. I believe circa 1950's
Actually, the USA's school system was at its zenith during the first decade of the 20th century. To get into high school in 1909, the student had to pass a test that nearly no college graduate could pass today.
Of all the enemies the American citizen faces, the Democrat Party is the very worst.
October 16, 2019, 02:11 PM
pessimist
I think it's been apparent for some time that we can't rely on the good faith or common sense of anyone in the educational system or federal and state employees that have any type of authority that can impact our lives.
I hope this girls parents have some real fight and backbone in them because they need to file a lawsuit against anyone who had a hand in this and get it to a jury. Let a jury get all the facts and determine whether this was reasonable. If it's as outrageous as it appears to be, there needs to be a significant consequence.
October 16, 2019, 05:46 PM
valkyrie1
My nephew has autism and Asperger syndrome, he was 13 and kids were bullying him and he said leave me alone and did the gun finger point. He now has a police record, had to change schools and yet the antagonists walked away with no reprimands..He's a good kid. This was BS.