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  1. #1
    Join Date
    Jan 2013
    Location
    Collin County Texas
    Posts
    7

    Default Attempt to Test School Security Resulting in Charges of Terroristic Threats

    My question involves criminal law for the state of: Texas

    In my area, a man has been accused of making a Terrorist Threat at his son's school. The school, police and the media do not have accurate facts regarding this incident. I got third hand information that came in and asked questions about school security, no threat, no gun, no demanding demeanor. The media got a hold of this and didn't let up.
    Did this man get arrested for the wrong charge? Besides getting an attorney, is this innocent man going down? Some friends are helping him out, his employer has suspended him without pay. Is there any good information I can share with the family.

    There are too many conflicting stories, and I am a believer in innocent until proven guilty.......Thanks. Jeff


    P.S. Can he sue the school district or city for defam?

  2. #2
    Join Date
    May 2011
    Location
    Illinois
    Posts
    1,376

    Default Re: Terrorism or Not

    Based on the thorough explanation of the facts that you've provided, i say sure. Looks pretty cut and dry to me. Sorry, I'm going to bed. I can't dignify this question with proper smartassness. OP, you have given no info.
    Be more specific.

  3. #3
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Terrorism or Not

    If you are talking about the Miller case, what he did was incredibly stupid based on the available facts. The terroristic threats charge is likely to stick, although a good lawyer may get it plead down. Given the timing of the incident, and the fact it's Texas, I could see a prosecutor playing hardball on this one.

    You say you got third hand information, you know that's worthless right? The only people that can say exactly what happened are the ones who were there. How can the school not have the accurate facts when it happened at the school? Apparently, he must have done something because police arrested him.

  4. #4
    Join Date
    Jun 2008
    Posts
    273

    Default Re: Terrorism or Not

    If he is a parent of a kid at that school then he could have found out a lot about the security arrangements and lockdown process by simply asking his kid. My son's school had a lockdown drill soon after the Sandy Hook shooting, and we were all notified via email about the drill just before it started (so a scared kid who thought it was real wouldn't cause panic by calling a parent). I asked him their process when I got home. That information, couple with my knowledge of the physical layout of the building from having been there, makes me realize their security arrangements are pretty damn good. No need to raise eyebrows and worry anyone by asking staff direct questions about security arrangements. I should hope that anyone who asks staff members direct questions about security arrangements will be told to pound sand.

    Like law, it's all in the wording. Telling a police officer "I have a CCW and I am currently armed" is very different from; "I've got a gun!"

  5. #5
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Terrorism or Not

    Is this the case of the guy walking in with a 2x4 labeled Assualt Rifle, the guy is an idiot. Innoculous or not you do NOT "test" security in this way. I spent years doing security testing (tiger teams) for the Army. You can guarantee we didn't do this without informing local security that we would be there (not how we were doing it but they knew our names and what we were doing in the event we were detected).

    Nope, he did this and could reasonably expect people to be terrified. This fits the statute.

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