Boy Convicted Of Felony Terroristic Act

The Morning News ^ | Tue, Nov 25, 2003 | Robin Mero

[mansion]

BENTONVILLE -- A 12-year-old home-schooled boy choked back emotion Monday as he apologized to three school bus drivers for shooting out windows of their buses with a BB gun on Aug. 19 in Siloam Springs.

Circuit Judge Jay Finch told the boy to apologize to each driver after Finch convicted him of a felony terroristic act, shooting objects at moving vehicles with passengers, which is a Class B felony.

The boy, whose name is being withheld because of his age, will spend the next six months on supervised probation, Finch decided.

The boy admitted to shooting only one of the windows, and he claimed that was accidental. He was shooting target practice at an aluminum soda can in a tree and missed, he told the judge.

"I don't have a steady hand," he said.

The boy said he'd raised the garage door about a foot, and he "wanted to lay on my stomach to develop a better aim." He admitted he "didn't want to be seen by anybody. I thought I was timing (my shots) between the buses."

Finch contended the young man purposefully shot out three bus windows. Unless there is an admission by the juvenile, the only way to determine whether the conduct was purposeful is by circumstantial evidence.

During testimony from the three bus drivers, Deputy Prosecutor Arn Heese revealed that more than 20 buses from the Siloam Springs School District travel each afternoon from the high school to middle school. The buses follow each other north on Holly Street, turn east on University Street and pass the boy's residence before turning north on Dogwood Street.

The boy, who used to be left home alone for one to two hours each afternoon while his parents worked, admitted knowing the buses drive by each day.

Three different buses were hit that day, and each was four buses apart, the drivers testified.

Dewey Strickland, who was working his second day on the job, testified that he was driving four high school students east on University Street toward the Dogwood Street intersection when he "heard a loud popping noise and a window shattered."

Mike Stricker and Richard Scates II gave similar testimony. On the bus driven by Scates, there was a passenger sitting 10 to 12 inches from a window that shattered.

Drivers used radios to report the shootings to the bus barn, and the Siloam Springs Police Department was alerted. Sgt. Tim Zedicher testified that when he and Detective Sgt. Rick Lane arrived on the scene, they noticed several soda cans with holes in them in a nearby yard. They knocked on the door of the residence and asked the boy whether he'd been shooting a BB gun.

The juvenile admitted he had, turned over the gun and was taken to the police department for an interview.

In a closing statement, Heese told the judge that the boy admitted the shooting but "wasn't being forthright" about having purposely shot at the buses.

"If it was just one window, hit by an errant BB, it might be believable, but three separate buses shot at that location over a period of time is evidence of the juvenile's state of mind," Heese said. "He was crouching down, concealing himself, shooting toward a busy intersection."

Defense attorney Lisa Gaddy argued that, "at the most, my client showed a reckless mental state and used poor judgment. My client has been truthful with police."

Finch acknowledged that the boy had no prior discipline problems and that his parents no longer leave him alone.

"Normally, I would place a person who commits such a crime on probation for one year, but I believe he has good, persistent parental control at home," Finch said.

As part of the boy's sentence, his parents must know his whereabouts at all times, inspect his room and possessions weekly and report his schooling progress to the court monthly, Finch said.

Fines and fees of $195 were assessed, and a restitution hearing was set for Dec. 17 to determine how much should be paid to repair the bus windows.

In August, the school district reported the damage to be about $200.

[mansion]

A felony, I understand - but a terrorist act? Is this normal? Didn't see this posted yet...

[Fledermaus]

Daisy manufactures their BB guns in this kids area. What is he supposed to do? Not use the gun? lol

[Princeliberty]

That's it ban BB guns.

[autoresponder]

I was past Daisy BB rifles and on to my Mossberg 22lr semi-auto carbine by his age.

Early contempt for firearms safety is an indicator of parental laziness and individual reckless behavior.

This kid should be doing weekend community service for one full year and his parents fined several thousand bucks.

Next offense he should be taken from his parents and put in juvenile detention for at least three years.

I'm not interested in hearing apologies for criminal acts at any age.

This was a continuing pattern of wilful, knowing, malicious planned criminal activity.

Hardly a single childish prank or an accident.

[DB]

I agree.

[tessalu]

When my brother was a youngster, he was playing cowboys and Indians in a field in the city. They had home made bows and arrows and started shooting at cars, and my brother was caught. Never in my brother's life has he had any other run in with the law. This was enough to scare him half to death.

[autoresponder]

Noted.

I doubt that your brother's "home-made" bow and arrow shattered even one (1) windshield or car side window.

This kid shattered at least three (3) windows on school buses I believe.

He was growing more more proficient and more daring with his successes.

A criminal pattern of progression.

No fear.

"fps" or "feet per second" of a BB can be from abt. 300fps to 900fps

A .22rf or .38 often is in the 700-900fps range.

A "sub-sonic" cartridge is slower, but still can easily kill.

This kid showed deliberate planning and would have continued except for his arrest and charges.

Incidentally, a Benjamin or other HP air rifle is often used for hunting small game.

Parents should have been charged in this incident I believe.

I am a big antique Colt buff, 1846-1898, and have little patience for those who use any weapon, "toy" or otherwise in a deliberate reckless manner.

I would doubt his parents will discipline or curb his wild streak.

[MeekOneGOP]

[El Gato]

A felony, I understand -

For something for which the punishment is a $195 fine and restitution. Only if it involves a gun. If he'd thrown rocks through the windows, want to bet it wouldn't be a felony?

[teeman8r]

obviously the parents neglected to home school the lad on proper search and seizure techniques of the law enforcement officers... no warrant no lookie...

i do agree that the boy needs an woopin for his behaviour and the gun taken away by his parents and probation from prosecution, but felony terrorist charges???

slapping on horrendous charges as felonious terrorist, only minimizes the actual impact when the perp only does three days community service...

teeman

[Abe Froman]

This is all true----but only if we are willing to prosecute other crimes properly as well. Otherwise the wrong message is sent. If this kid is going to get a year of community service and several thou in fines, then a cop who illegally detains or disarms a citizen should get jail time. Illegal aliens should be deported on sight. Drunk drivers who kill should get 20 years, if not life. Shooting to protect property should be considered justified.

[Timesink]

A felony, I understand - but a terrorist act? Is this normal? Didn't see this posted yet...

I don't know if it's normal, but I did a quick search, and found examples of people being charged with such a crime in Arkansas in 1999. That means "felony terroristic acts" are not crimes that were ginned up due to George W. Bush, 9/11, the Patriot Act, John Ashcroft, etc.

Just to get that out of the way before anyone asks...

[autoresponder]

Stop reading my mind!

I thought I copyrighted all of what you just posted!