Is there a charge where you find that a high school student makes entries into a diary with specific names of teachers and students he wishes to kill "if they keep pushing me" but makes no overt act to carry out his wishes? He is specific as to what he wanted to do to have the officers shoot him after carrying out this threat. As of now we have not found anyone that he told he was about to do this. Also we are looking to see if he has any weapons or other evidence at his residence. What do you think??? The diary was found by a teacher in a room where he left it.
[This message was edited by Stephen Bristow on 02-05-02 at .]
Evil thoughts, even when reduced to writing, are not subject to prosecution. There is no criminal conduct involved in your example. He did not communicate the threat and nothing became imminent. He needs to be watched more closely, but what he wrote might even have just been a fantasy or fiction. How can you prove otherwise?
I agree with Martin--uncommunicated threatening thoughts are not crimes in Texas. Maybe something federal--I've always heard that thought crimes can be conspiracies for their purposes . . .
What about mental health committment?
[This message was edited by John Rolater on 02-06-02 at .]
Posts: 2138 | Location: McKinney, Texas, USA | Registered: February 15, 2001
What about filing for an ordinary injunction? Get a TRO upon filing, ask for discovery, and depose this kid. Then at least you can get more information from him under oath and will help you asses his mental stability. If you have enough information from discovery, then you should have good grounds for an injunction, which of course, is enforceable by contempt.
No need for suspect to have a firearm or the ability to get a firearm or even know how to get a firearm if he's stepped in this mine field.
Have you got facts that arguably implicate the Texas Education Code Provision, i.e. any suggestion he is threating to "shoot", "cap", "gun down", the teachers in school?
� 37.125. Exhibition of Firearms
(a) A person commits an offense if the person, by exhibiting, using, or threatening to exhibit or use a firearm, interferes with the normal use of a building or portion of a campus or of a school bus being used to transport children to or from school-sponsored activities of a private or public school.
(b) An offense under this section is a third degree felony.
The posting said he wanted to create a situation where the officers responding would shoot him.
What is sometimes called "suicide by police" is creating a situation to "use" the officers guns to cause your own death. That could be a "threat" to "use" a fiream and it obviously has caused some type of disruption in the school.
I have been arguing with myself about even suggesting it but ... if you are desparate and it works for you ... Kids, don't try this at home ... No expressed or implied warranties ... As is, Where is ..
