Judge imposes common sense on Maine school
Judge in Maine overturns student suspension over gun possession
Sheldon Allen, a senior at Mt. Blue High School in Maine School Administrative District #9, served 10 days of suspension when an unloaded firearm was found in the vehicle he borrowed and drove to school. When the district decided to add another 20 days to his suspension he appealed. Yesterday Superior Court Justice Joseph Jabar ruled in his favor.
Jabar said he understood the concerns about guns on school property in the wake of deadly school shootings in recent years in Minnesota and Colorado, but said it was unfair to suspend Allen when he had no idea the gun was in the truck.
We cannot punish somebody because we are afraid or we want to be careful, Jabar said.
School officials found the gun under some trash beneath the seat of the truck March 25 when they searched it as part of a separate investigation.
Allen appealed the additional suspension as he was afraid it would jeopardize his entry into the Maine Maritime Academy and his ability to graduate with his class. Although he disagreed with the board’s decision he understood why they made it.
?The board thought what they did was right,? said Allen.
Erving Snyder, attorney for the school board, agreed that the board had determined Allen had no knowledge of the gun but took exception to the number of times he unknowingly brought it onto school property.
But he said Allen did not just drive the truck to school once, but six times ? bringing the gun to school on each occasion.
?If you are going to use a vehicle regularly, I think it is a fair assumption by the board for you to know what is in that vehicle,? he said.
I myself have borrowed more than one vehicle that impersonated a pig sty and never once dug through the piles of garbage in them. Regardless, the point (agreed upon by all parties) was that Allen did not know the gun was there. As it was in a locked vehicle and there was no ammunition present it was not a realistic danger. A thirty day suspension was excessive under the circumstances and the judge ruled correctly.
(Tip credit to Tori in Texas)
I had to borrow my father’s SUV for a whole week before, and I had absolutely no clue what was in it beyond the driver’s seat and passenger’s seat. For all I know, there was 200 pounds of cocaine in the back. *shrug*
Too bad that it takes a Judge to do what should have been done in the first place.
Must be one of those “activist judges” we keep hearing about.
My brother once happened to reach under the driver’s seat of a car he rented, and he found a revolver (unloaded.)
Thank Goodness the Courts are using common sense, because the school boards sure aren’t…
Ooooooo - He might have reached into the back seat and found a - - - bible - - - OOooooooo