Sat, Mar 13 2010

Published: November 18, 2009 03:53 am    PrintThis  

Knife charge carries stiff punishment

By Lynne Hendricks
staff writer

NEWBURYPORT -A 14-year-old Newburyport High School student who police say brought seven knives onto school property, including an illegal switchblade, faces a maximum penalty of four years in a juvenile detention facility and possible expulsion from Newburyport schools for his actions.

Steve O'Connell, a spokesman for Essex County District Attorney Jonathan Blodgett, confirmed the boy was arraigned on a charge of having a dangerous weapon on school grounds in Newburyport District Court yesterday. Newburyport school officials are also proceeding with disciplinary actions using the policies set forth in the student handbook.

Because the incident occurred on school grounds, the legal penalties are especially stiff. Newburyport police Marshal Thomas Howard said Monday that the student is unlikely to be eligible for a diversion program on a weapons charge. Howard said the teen is considered a decent student and has no prior record.

Citing privacy laws protecting the identity of juvenile offenders and cases, O'Connell said he was prohibited from sharing too many details on the case. But he did confirm the boy was now proceeding through the juvenile justice system.

"He was arraigned (yesterday)," O'Connell said. "The maximum he could face is a (Department of Youth Services) commitment until his 18th birthday, and he's being charged with carrying a dangerous weapon on school grounds without authorization. He was arraigned, and he'll proceed in the criminal justice process. The next step would probably be a pretrial hearing."

Massachusetts General Laws also open the door for potential expulsion of a student caught with a dangerous weapon on school grounds or at a school-sponsored function.

The unnamed youth was caught with seven knives in his possession, which he said he intended to sell to his fellow classmates, police said. One of the knives police said was in his possession is banned in the state of Massachusetts due to its double sided blade and spring-assisted loader, akin to a switchblade.

According to NHS Principal Michael Parent, the student in question claimed he only brought the knives onto school property on the day he was caught, though he did admit to selling two knives off the property prior to being discovered.

"The student affirmed that his plan was to sell the knives to other students," Parent wrote in a letter home to parents following the incident. "He also informed us that he had previously sold two knives to a student off school property, and that he had never had the knives on school property before Monday."

Parent referred to the incident in his letter to parents as "disturbing" but one that he felt did not put students in any imminent danger. And he further stated he did not see "evil intent" in the attempt to sell the knives on school grounds.

"As disturbing as this situation was, I don't believe that other students, faculty and staff were in imminent danger," he wrote to parents. "I don't believe the student who possessed the knives had an evil intent to use the knives in school or against other students."

Like O'Connell, Parent was reluctant to share additional details with the public. He said the boy is being treated in accordance with the school's policy on weapons possession, which requires a student found in possession of weapons on campus be suspended for a minimum of 10 days, followed by a formal administrative hearing to determine whether he should be expelled.

"The student in question has been assigned disciplinary consequences and due process outlined on page 41 of the Clipper Compass," he informed parents.

After the hearing, per that section, the principal can "decide to suspend rather than expel the student who has been determined by the principal to have violated one or more of the stated rules."

O'Connell said a commitment to DYS is a likely outcome for the youth. But there's a number of different scenarios under which the youth could serve his juvenile sentence — behind bars in a lock-down facility or with a suspended sentence that allows the state to keep a watchful eye while the youth is in a probationary status.

"Every case is different — there is no typical case," O'Connell said.

According to the Children's Law Center of Massachusetts, a juvenile committed to DYS is taken to a secure detention facility until DYS determines an appropriate treatment placement for that child. The treatment programs range from a secure lock-down program, to a group home, to a placement back in the community with supervision.

From the schools' perspective, Parent said the high school will proceed in accordance with the law and school policy, and allow the justice system to take its course.

"We must take situations like this very, very seriously and act with the utmost haste and diligence in determining the validity of information related to school safety," he wrote to parents, instructing them to call him with any questions and he would do his best to answer without breaching privacy laws.

With regard to student safety, he stated the incident was disturbing even if didn't pose an immediate threat to students and staff.

"We didn't feel that anyone was in imminent danger, but again we're dealing with a very dangerous situation when someone has knives on school property," he said.

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