PHOENIX — An elementary school student who brought a gun to campus could face criminal charges. Queen Creek police say the 9-year-old boy told them he carried the gun to avoid a "potential abduction" while walking to Legacy Traditional School-Queen Creek.
Two weeks after the incident, authorities are now recommending charges for the boy and his parents.
The situation began on Aug. 24, when school staff found a handgun in the boy's backpack and called police. The day prior, a student had seen the boy with a bullet and told a parent who then notified school employees.
Queen Creek police tell 12News, based on their findings, the boy should be charged with prohibited possession of a gun and possession of a gun on school grounds.
Police say the parents should also face a charge of contributing to the delinquency of a minor. They say after interviewing and re-interviewing the parents, they believe the parents didn't do enough to secure the weapon in the home to keep the child from accessing it.
Legacy Traditional School declined an interview from 12News. A spokesperson sent a statement though regarding Principal Megan Alvarado, who had been placed on administrative leave pending a completion of a review that the administration followed Legacy's security protocols at all times.
They sent a statement on Sept. 8, saying:
"Principal Alvarado returned from administrative leave on Tuesday, Sept. 6. Prior to her return, she completed extensive, enhanced school safety and security training. Additionally, Principal Alvarado is taking an active role in Legacy Traditional Schools’ School Safety Committee, as part of which she will regularly review security procedures and emergency response."
In regards to the possible charges, criminal defense attorney Mike Black says legally speaking the case is interesting.
"It's surprising, particularly with regard to the parents," Black said. "This is the first instance that I've heard of that, and contributing to the delinquency of a minor is an extremely unusual charge."
Police, Black says, can always submit a case for prosecution, but in order for a conviction, prosecutors would have to be able to prove the child and parents had criminal intent, which in this case, may not be so easy.
"I would suspect in this particular case the prosecutor might turn it down as to the parents," he said. "Perhaps not to the child. He allegedly had a gun in a backpack, and he was found there with it. But still, he has to have some intent too. And if the child is 9 years old, it doesn't preclude you from having criminal intent but it'd be a tough nut to crack."
If convicted of the charges, which are misdemeanors, the defendants face a possible fine and jail time. However, Black says its highly unlikely it even gets that far in the process. But it's something worth keeping an eye on.
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