Hand Gesture Felony

PUBLISHED: 5:53 PM 14 Oct 2019

12-Year-Old Charged With Felony After Making Gun-Sign With Hand

Not only was the child removed from the school, she will now face a felony for the hand gesture.

The child could face one year in a detention facility with other criminal minors. (Screenshot)

The anti-gun culture seems to have perfected the process of destroying the lives of anyone who dares them, and now, the zealous hatred of all firearms has tarnished the life of a 12-year-old student who made a hand gesture like a gun.

Despite the fact that the child doesn’t even have access to a gun, she is being charged with a felony crime for making the gesture while in school.

Kansas City.com reported:

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.

“We don’t do that,” said spokesman David Smith. “That is not our job.” He said the role of the district police is “not to enforce the law but to keep kids and adults safe.”

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.

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.

It seems utterly absurd that many people are threatened on a daily basis in politics, but there are no felony charges filed. So, why is this child being made an example of? Is the hatred of all things that represent independence and security such a frightening prospect for some people? Is even the image of a tool that truly equalizes all people so offensive?