Teacher accidentally carries rifle onto school property.

[Fred Fuller]

Judges in Pennsylvania seem to have the option to dismiss with prejudice if they wish, at least according to rulings and motions I can find on the net. If the judge in question REALLY wanted this case to 'go away' he could have dismissed it with prejudice and the DA couldn't have refiled it.

I would say the judge saw something about the DA's side of the case he didn't like and wanted to give the DA another shot at it, which the DA seems willing to take. Thus the case was dismissed without prejudice, leaving it open to be refiled. Sounds to me as if the judge in fact INVITED the DA to refile, and do it so charges will stick.

lpl/nc (IANAL!)

 

[twency]

I don't believe PA Magisterial District Judges (formerly District Justices, formerly Justices of the Peace) can dismiss with prejudice. MDJs are the entry level in the criminal system in PA. They hold preliminary hearings on criminal matters, hear cases on minor infractions such as moving violations, and hear certain "small claims" civil matters.

I don't see anywhere in the story where the judge "invites" refiling.

______________
-twency

IANAL either

 

[NineseveN]

Hope this doesn't go back to court.

 

[silverlance]

this is scary to me

scary enough that when i finish this post i'm going to go to my car and remove the automatic eickhorn EMS folder from my medikit (which ironically i carry in the event of a medical emergency at school - i'm certified), my boker 3.5" from the center console, and sabre defense spray (which i keep only for dogs and aggressive homeless folks) and place them all at home.

oh, just a side note - no need to start debate - just found out that LAUSD in california removed "tenure" as it is commonly known from its contracts several years ago and currently offers "permanent" staff only the protection of "right to due process / hearing".

 

[Red Dragon]

Uh...up to 5 years for a misdemeanor?

Maybe I'm not remembering my military police training correctly but isn't a misdemeanor legally defined as a crime that is punishable by no more than one year in jail?

 

[Spiggy]

The case was never tried, therefore, his liberty was never in jeopardy. If the case had been heard, and the teacher found not guilty, refiling would be unconstitutional.

Even if the case was settled for criminal charges, you can bet the families are going to chime in with a civil charge.

RD, Definition is(according to my textbook):
"A violation of the criminal code that is less serious than a felony; often punishable by imprisonment for no more than one year and/or fine of no more than $500" -'Criminal Investigation, 9th Edition' McGraw-Hill, 2006

Doesnt give any restriction to a misdemeanor's imprisonment length... The definition could've been changed by recent social and political changes.

 

[bigtex1404]

I only graduated about 3 years ago from a very small Texas town. If one of us had our hunting riflles in our truck and they were found on campus, most of the time we would just be told to take them home, sometimes after letting the coaches see what they were and compare them to theirs at home.

 

[The Real Hawkeye]

I only graduated about 3 years ago from a very small Texas town. If one of us had our hunting riflles in our truck and they were found on campus, most of the time we would just be told to take them home, sometimes after letting the coaches see what they were and compare them to theirs at home.

When I was a High School teacher, during hunting season lots of kids would come to school in their hunting clothes because, on their way to school, they stopped at their favorite hunting spot. If they shot a deer, they'd clean it and bring it home. If not, they'd just procede on to school when it was time. Now you have to assume that some of those kids had their deer guns in the trunk of their car. I think it depends on where you live.

 

[The Real Hawkeye]

Uh...up to 5 years for a misdemeanor?

Maybe I'm not remembering my military police training correctly but isn't a misdemeanor legally defined as a crime that is punishable by no more than one year in jail?

You are correct, sir. That is the definition that I remember from law school.

 

[Harold Mayo]

Shameful.

I'm not even all that old (35) but I remember kids bringing rifles to school for show-and-tell. It was no problem. Just make sure they're not loaded and they stay in the back of the classroom except for when you brought them up for presentation.

Too bad that things had devolved that much in such a relatively short period of time.

 

[5string_dean]

As the computer tech/network administrator for Perry County, PA, I have worked on the computers of both Howell & Potter. They're both decent guys trying to do their job (yes even the Assist. DA... even though I hope he loses this one).

Perry County IS very rural and generally pro gun. The former president judge of Perry County once lectured me on why I ought to carry (this was actually before I ever owned a firearm). I have also traded shooting stories with the staf of the Sheriff's Dept.

It kinda shocked me when I opened a thread on THR and saw names I recognized! I'll try to keep a watch on this...

 

[shaldag]

If that place is so rural and pro-gun, seems to me like a lot of the residents would be calling the prosecutor and saying "I'll be watching your actions and will remember come election day."

The guy should have better sense. Even if the teacher was in technical violation of the law, cleary his intent was not. If the prosecutor felt the need to make an example, a slap on the wrist would have been more than sufficient. But to try to max it out? Or go for it a second time?

Somebody ought to run the teacher's pic in the local paper with the caption "is this guy a criminal? If you don't think so, vote the prosecutor out of office"

 

[RW_Reagan]

one of my former teachers

Jim Woods was my science teacher in Junior High (too many years now to admit), really a great guy.

The school is in town and Jim lives literally 2 blocks down the street. He's an avid hunter and outdoorsman. I can remember that he used to, as well as other teachers, leave their guns in their trucks on a gun rack during hunting season. Nobody cared or bothered them. A few times Jim would take kids of families in town for a quick hunting lesson after school or on weekends if their parents didn't have the time. He's a real great person and if he's your friend, he's your friend for life. I just can't believe that this is happening to such a great person.

Perry County has been blessed with some real pro-gun judges, as for Prosecutors, well, not so good.

A link to the West Perry School Board if anyone wishes to contact them :

http://www2.pa.net/wpsd/

I am sure Jim would appreciate any support he can get.

 

[Brian41]

I hope this guy get's off with no repurcussions, but i would fault him in one thing. It's just not smart to go around with a gun and not think about it, or forget about it, or not realize it's there. weather it's loaded or not, and Especially if its on your shoulder. You've got to realize the responsibility of being able to carry.


I was in High School (private christian school)during the columbine shootings and had a teacher who was an ex-LEO. He would often get on political rants in class, which i enjoyed because we shared common views on politics/RKBA. This particular day i remember him mentioning something along the lines of "i'm never in a place where a gun is far from reach" he didn't say much more, but i took it to mean he either had a firearm in his car, or carried one at school... either of which i was fine with and still would be today.

 

[5string_dean]

DA will not pursue case any further...

Just found this, which would appear to be the end of the matter... it appears that common sense actually won this time!

http://www.cumberlink.com/articles/2005/11/17/news/news10.txt