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Teen gets probation for school threat

ESCANABA — A student who was convicted of threatening a shooting at the Escanaba high school this spring was sentenced Friday to 12 months probation during which time he will be under intensive monitoring. He was also ordered to pay court fines and costs.

Following Escanaba Public Safety’s initial investigation into the shooting threat that was communicated to two students last spring, the 16-year-old suspect was immediately taken into custody and lodged at Bay Pines Juvenile Detention Facility in Escanaba.

After reviewing the case, the Delta County Prosecutor’s Office charged the teen with two felony counts: threat or false report of terrorism, a 20-year felony for an adult; and threat or false report of terrorism involving a bomb or harmful device, a 10-year felony for an adult.

The subject was later equipped with a tether and released on house arrest to the custody of his parents. On March 19, the board of education permanently expelled the student from the school district.

Two weeks ago, following witness testimony in Delta County Probate Court, a six-member jury declared the defendant guilty of making a threat or false report of terrorism at the school on March 14. The teen made the comments in a classroom at the same time a group of students were outside commemorating victims who died in a Florida school shooting on Feb. 14.

Probate Court Judge Robert Goebel Jr. handed down the judgment during Friday’s brief court hearing, which was attended by the defendant and his attorney, John M.A. Bergman. Chief Assistant Prosecutor Jessica Pelto represented the prosecutor’s office.

Both Bergman and Pelto agreed with the probation department’s pre-sentencing investigative report that suggested the defendant serve six months probation which Judge Goebel increased to 12 months.

Conditions of the teen’s one-year probation period included the following: he cannot be on any school property; he must undergo intensive probation monitoring including an electronic tether; he must attend counseling; he must not possess weapons and there can be no weapons in his home; he must undergo random drug and alcohol testing; he must have no contact with the two witnesses who testified; he must perform 80 hours community service; and he must allow police access to his residence at anytime.

In addition, the teen was ordered to pay a total of $140 in court fines and costs within six months.

Prior to sentencing, the judge reminded the defense attorney his client had an opportunity to plead to a 90-day misdemeanor, but the criminal elements had not been met.

uring an April 2 hearing in probate court, the teen pleaded guilty to disturbing the peace, a 90-day misdemeanor for an adult, in exchange for the two felonies being dismissed. The teen told the court he was talking to the other students about target shooting cans with his dad.

Because the legal elements had not been met for the charges, Court Referee Perry Lund did not accept the plea after the teen denied he was going to bring a gun to school, denied saying he would do a school shooting, and denied ever saying anything about a bomb, as two students had informed police.

The two students were later summoned to appear in probate court for a probable cause hearing on April 4. Each testified they were in class on March 14 talking with the defendant about a scheduled student walkout taking place at the school that day to remember victims who died in the recent school shooting in Florida.

During the conversation, one witness said it would be scary if a school shooting were to happen and said the teen replied he would join a shooter if there was a school shooting. Both witnesses testified the teen said he could easily get a gun to bring to school and he could easily make a bomb out of gasoline.

Based on the similar facts from the two witnesses, Lund dismissed the bomb felony, saying there was no probable cause for the charge because no threat was made to detonate a bomb.

Lund scheduled a trial for the terrorism threat after he determined there was probable cause the teen had threatened an act of terrorism and had communicated that threat to another person even though he may not have been able to or did not intend to carry out the act.

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Jenny Lancour, (906) 786-2021, ext. 143, jlancour@dailypress.net

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