We've been presented with a case in which a substitute teacher (now a former sub) was watching a small class of fifth-graders. Throughout the course of the day, our eccentric educator told the class that he was a serial killer, that he had killed his wife, that he could kill them and no one would hear, that the crutches one student had would make a great weapon to use for those purposes and that he had an ax in the closet. Aside from the alarming remarks, his behavior was markedly creepy, including asking the children where they lived and how their homes were decorated. Predictably, he has lawyered up and his claim now is that the whole thing was just a stupid joke, with an implicit suggestion that it was intended to establish and maintain classroom order.

Add to the mix that Mr. Funnyman made his "stupid joke" right after the Virginia Tech incident, though he didn't explicitly reference it.

I would like to file on Professor Manson, but I have some misgivings on what the appropriate charge may be and if we can make it stick. I would appreciate any input from the lofty braintrust on this forum.

I would look at good ole reliable Terroristic Threat 22.07 (a) (1), (2) and (5)..
(1) he said his intent was a joke but then said was used as discipline can't have it both ways.
(class B)

(2) I'm sure your little fifth graders will testify at least some actually thought he would carry out the threat.(class B)

and (5)depending on how many were in fear this section gives you a felony 3..

I'm with KMH on the terroristic threat.

At least the jerk's making a claim in which he admits making the statements, and it's not some big 5th-grade conspiracy against a sub. Anyone ever investigate to see whether he really ever was mysteriously widowed?

You may already have figured this out, but look at CCP 17.41 for bond conditions that might apply to him.

[This message was edited by Gretchen on 05-08-07 at .]

I am not certain that you have a terroristic threat. There is no question that he placed them in fear, but did he actually threaten to murder the children? Proof of the "threat" element is what concerns me.

Ken, I see what you're saying about the threat element. I personally still think that there is enough in the context of his statements to portray a threat to those kids (I could kill you and no one would hear, I could use a crutch, I have an ax...). Especially if you add in that he admits he intended to frighten them with his statements (even if it's just in order to establish classroom decorum). Threats can take on many forms.

Is this guy a certified educator ?
If so,(or even if not) I would call an investigator with SBEC.
You may not be able to get him on a criminal charge, but he certainly doesn't need to keep teaching in that school or any other !

Does the stalking staute fit? 47.072....I know it wasn't designed for that situation, but shooting in the dark here. Was there more than one occassion?
Class C.....42.01 (4) Discorderly conduct?

I think that the terroristice threat statute need to be changed. I have a case where some 7th graders created a hit list with 28 names. How can I prove that they knew it would interrupt the school? Of course it did and I have no way of showing that they really intended to cause immient serious bodily injury or that they meant to cause the school to shut downatute need to cover stupid kid pranks. I don't want to make kids criminals but how do you make them understand it isn't like it was when we were kids? Have any of you had bombs made by kids ?They use some type of bathroom cleaner add foil and it blows about 20 seconds later. It makes a really loud noise and I have no idea if this would hurt someone.

i think there needs to be a statute that makes it a crime to even make a joke about bombing or shooting up a school. if they can prevent me from making smart-ass comments during the security checks at the airport, i don't see any reason why they can't make the laws at schools equally as stringent. there are just some things that you can't expect people to have a sense of humor about. shooting up a school is one of them.

giving another man's wife a foot massage is another, but that's besides the point.

Pulp Fiction was on last night!

MURFREESBORO, Tenn. � Staff members of a Murfreesboro elementary school staged a fake gunman attack during a school trip, telling them it was not a drill as children cried and hid under tables.

Parents of the sixth-grade students at Scales Elementary were outraged after learning about the prank that occurred Thursday night during a weeklong trip to a state park.

Assistant Principal Don Bartch, who was present, said the scenario was intended as a learning experience and only lasted five minutes.

"We got together and discussed what we would have done in a real situation," he said.

During the last night of the school trip to Fall Creek Falls, a state park about 130 miles southeast of Nashville, staff members convinced the 69 students that there was a gunman on the loose.

The students were told to lie on the floor or hide underneath tables and stay quiet. After the lights went out, about 20 kids started to cry, said 11-year-old Shay Naylor.

"I was like, 'Oh My God,' " Shay said Saturday. "At first I thought I was going to die. We flipped out. (A teacher) told us, 'We just got a call that there's been a random shooting.' I was freaked out. I thought it was serious."

A teacher, disguised in a hooded sweat shirt, even pulled on locked door and pretended to be suspicious subject.

"This was not a good experience," said Alisha Graves, whose son went on the trip. "Those kids were crying and they were terrified."

Some parents said they were upset by the staff's poor judgment in light of the April 16 shootings at Virginia Tech that left 33 students and professors dead, including the gunman.

"The children were in that room in the dark, begging for their lives, because they thought there was someone with a gun after them," said Brandy Cole, whose son went on the trip.

Scales Elementary Principal Catherine Stephens held a meeting Saturday afternoon at the school after a handful of parents called to complain.

She said she was saddened by the situation and that the school was handling it. She declined to say whether the staff members involved would face disciplinary action.

"The circumstance that occurred involved poor judgment," Stephens said. "My hope is that we can learn from this, and in the end, it will have a positive result of growth for all of us."

Still Shay and her mother, Niki Morris, said they forgave the teachers for scaring the students.

"(It) went too far because it was too gruesome," Shay Naylor said. "You'd think a teacher wouldn't do it, but they did. But they're great teachers. If (the assistant principal) loses his job, I will break into tears. He's the best assistant principal I've ever had."

Bee,

I've done a few "bomb" cases like the one you're describing. All mine involved muratic (swimming pool acid) and tin foil. ATF has done some experiments with them and as far as injury, the victim can be burned by the acid, but concussion or shrapnel damage is nil. You can find video of them on the web, if you want to see how they look when "exploding". My fire marshall in Ft. Bend reconstructed some with the same type bottles the juvis used and set them off at the fire range so we could see the potential damage and we filmed it, it made an interesting exhibit but my guys had real pipe bombs too.