ZeroIntelligence.net

Updated 26 March 2004: Yolo County Education Board Votes 4-0 To Allow Liston’s Return

DHS student arrested for gun in truck

According to the Davis Police Department, Adam Howard Liston came to school for two consecutive days with a 12-gauge shotgun in his pickup truck, which was parked in a school parking lot. The unloaded shotgun was in the cab of the truck and ammunition was in a locked utility box in the truck’s bed.

Liston, a senior, was arrested at 8:05 a.m. Thursday, then released later in the day from the Yolo County Jail on $25,000 bail.
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The consequences of bringing a gun to campus are severe. According to the Davis school district’s student behavior policy, when a student brings a firearm to campus, law enforcement officers must be contacted, and the student is subject to a five-day suspension and mandatory expulsion.
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Steven Sabbadini, a lawyer representing Liston, said the teenager had bought the shotgun for his 18th birthday.
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“On Wednesday, (Liston) completed his classes at noon, went home to change with the intent of taking his new shotgun to the range for target practice before going to work,”
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Sabbadini said that on Wednesday evening, Liston put the shotgun back into its original box, but inadvertently left it on the back seat of his truck instead of taking it in the house.

On Thursday morning, Sabbadini said, Liston went to the school parking lot and parked and locked his vehicle.

“This was an oversight on his part,” the attorney said. “He did not knowingly take the shotgun to the parking lot.”

Sabbadini indicated that he believes Liston did not commit a crime. While California Penal Code Section 626.9 makes it unlawful to possess a firearm within a school zone, Sabbadini maintained that a subsection of that code “states that unloaded long guns (rifles/shotguns) are not prohibited provided that they are stored and transported in accordance with state law.

School policy and state law require expulsion for bringing a firearm onto school property, regardless of intent or conceivable danger or if the weapon was transported legally. However, the School Board has the power to suspend the expulsion if conditions warrant.

The Davis Board of Education voted Thursday to expel Davis High senior Adam Liston, then voted to suspend the expulsion and let Liston re-enroll in the district - but only as a student at King High School or the Davis School for Independent Study.
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The decision came on a 3-1 vote, with trustee Joan Sallee making the motion, Keltie Jones seconding it and board president Marty West voting in favor.

Trustee Jim Provenza voted no. Provenza had offered a motion that would have expelled Liston, suspended the expulsion and then readmitted Liston at either Davis High, DSIS or King High. That motion died for lack of a second.

Provenza said he does not believe there is a risk “in allowing this student to return to the high school.”
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“More than an elected official or board member, I am a mother,” Sallee said. “This has been the most heart-rending case that has been brought before us. Kids make dumb mistakes. But expulsions are mandatory under law. We have no options” under state law, she said.

West said she does not support the “zero tolerance” aspect of the state education code on this issue.

Prior to the vote, about 10 people spoke to the issue, stressing that Liston had made a mistake, but had never intended harm. Neighbor Jeff Stark said, “All of us have lapses of memory and of judgment. A mole hill is being made into a mountain.” Other neighbors spoke of Liston’s good character. Several speakers called on the board to set aside the “zero tolerance” aspect of the state education code.

Teacher Don Winters said Liston had “paid a high price for the mistake he made, and does not need to pay the ultimate price of expulsion and banishment.”

Sharron Clark said she is “concerned that our town is going to protect a toad … and not protect an individual boy who should have a very bright future.”

The actions of the board are odd. They recognize that Adam is not a threat or a danger and are allowing him to re-enroll in another high school in the district. Why? Since they feel he made an honest mistake and want him in the school system why allow him to return to school but prevent him from returning to the school he had been attending? On the other hand I do applaud them for using their leniency discretion to at least allow him to attend some schools in the district.

(Tip credit to Best of the Web Today)

Student With Shotgun Wins Right To Return To School

For three hours, people spoke for or against Liston. Friends and family testified to his character and the school district spoke about setting a bad precedent.

The Yolo County Board of Education had some questions of its own, asking if there were enough signs to let Liston know the parking lot he was in was part of the school, and if the school district thought Liston was so dangerous, why did they let him finish the school year out at another school.

But a lawyer for the school district, Eve Fichtner, said that if the county board decided to overturn Liston’s expulsion, it would be sending the wrong message to his fellow students.

“That it’s OK to forget and bring a weapon on campus. It’s OK to drive onto campus to drop off friends if you have a shotgun in your car. That message is too dangerous to send,” Fichtner said.

After hearing the pleas the Board voted 4-0 to reinstate Liston.

(Tip credit to Opinion Journal)