Official charges filed in threatening email case

Official charges have been filed against a 16-year-old Bourbon County male accused of sending a threatening email message to USD 234 on Jan. 5.

The Fort Scott High School student was arrested Jan. 6 at the Fort Scott Police Department on charges of conspiracy to commit aggravated criminal threat. The Tribune was unable to confirm exact charges the juvenile faces or whether additional charges have been filed in the case.

The name of the youth has not been released due to his age. Assistant County Attorney Justin Meeks declined to provide details Thursday on the case as the accused is a juvenile.

"Charges have been filed and it's a juvenile," Meeks said.

Meeks said any court proceedings the accused would be involved in would be closed to the public, as it is "a juvenile case" involving a person under 18 years of age.

Other details of the case are also not being released as the case is still under investigation and additional arrests and charges could be made. Final decisions on charges against the accused will be determined by the county attorney's office, FSPD Chief Travis Shelton said.

Shelton also said it is unclear what penalties the accused might face from the school.

USD 234 Superintendent Bob Beckham has said the district has a zero-tolerance policy for such threats. He also said last week that while the student's exact punishment was not clear, it would be "the maximum discipline that our policy would allow."

Beckham said district officials would follow the district's policy and recommendation of a state statute regarding suspension and expulsion of pupils. He said the state statute that applies to this situation calls for "a suspension for the remainder of the school year."

State statute 72-8901 involving "grounds for suspension or expulsion; who may suspend or expel," states that "the board of education of any school district may suspend or expel, or by regulation authorize any certificated employee or committee of certificated employees to suspend or expel, any pupil guilty of any of the following:

* Willful violation of any published regulation for student conduct adopted or approved by the board of education;

* Conduct which substantially disrupts, impedes or interferes with the operation of any public school;

* Conduct which endangers the safety of others or which substantially impinges upon or invades the rights of others at school, on school property or at a school supervised activity;

* Conduct which, if the pupil is an adult, constitutes the commission of a felony or, if the pupil is a juvenile, would constitute the commission of a felony if committed by an adult;

* Conduct at school, on school property, or at a school supervised activity which, if the pupil is an adult, constitutes the commission of a misdemeanor or, if the pupil is a juvenile, would constitute the commission of a misdemeanor if committed by an adult;

* Or disobedience of an order of a teacher, peace officer, school security officer or other school authority when such disobedience can reasonably be anticipated to result in disorder, disruption or interference with the operation of any public school or substantial and material impingement upon or invasion of the rights of others."

Beckham confirmed that an expulsion hearing took place Thursday morning at the USD 234 Board of Education office. He said the meeting involved hearing a recommendation from administration at FSHS and also hearing from guardians of the student. Following the hearing, Beckham said he had 24 hours to make a decision regarding the student's punishment.

After speaking with attorneys with the Kansas Association of School Boards, Beckham said he could not "divulge punishment results of the process."

"I cannot share disciplinary action," he said. "We take the safety and security of our students and make it our top priority. Because of that, we thoroughly investigated events that occurred that day and have followed policy to ensure we're safe with staff and students moving forward."

Beckham did say he has "shared with (the student's) guardians the end result of the process" and at this point, the matter is out of the district's hands.

"We're finished and moving forward," he said.

On their first day back from the holiday break Jan. 5, FSHD staff received a threatening e-mail message which Shelton said "was conveyed to cause alarm to personnel and students" in the district. Details of the e-mail, which was received at the school district before 9 a.m., were not released.

On Jan. 6, following a collaborative investigation between the FSPD, school administration and the FBI, the FSPD arrested a juvenile in connection with that e-mail.

After the email was reported to law enforcement authorities, the school building was searched and a decision was made to release students in all district schools early as a precautionary measure. Shelton said nothing was found during a search of the high school premises.

Shelton said police continue a criminal investigation into the threat, which they learned was similar to a hoax e-mail that had circulated in another state. Shelton declined comment on how the accused youth had obtained the e-mail to send to USD 234.

The USD 234 Board of Education discussed the issue during their Monday meeting and their satisfaction with how the matter was handled by law enforcement, school officials, students and staff.