Eagle Scout arrested for gun, administrator previously let off lightly

By William R. Toler

Instead of earning another merit badge,  a Johnston County Eagle Scout was apprehended by  a man with a different type of badge.freecole3

David “Cole” Withrow was arrested for having a shotgun in his truck in the parking lot of Princton High School, according to WTVD.

The station reports that Withrow had forgotten he had the firearm “after skeet shooting over the weekend.” He then went to the office to call his mother, where school officals overheard him. He was then arrested and expelled.

He now faces a felony charge for having a firearm on school property.

Other students and the community are supporting Withrow as this story goes viral.

WTVD found out that and assistant principal at the same school and a teacher at another Johnston County School committed similar (victimless) crimes, but didn’t face similar punishments.
The adminstrator received a three-day suspension, but had no legal trouble; the teacher resigned, also with no charges.

The Raleigh-based ABC affiliate also discovered another double standard:

The Johnston County Sheriff’s Office told ABC11 that if a school administrator brings a gun to school, they will be charged with a misdemeanor. For a student, the charge is an automatic felony.

Let me get this straight…there are two different charges depending on the status of the individual within the state-run institution? What happened to “equal protection under the law?” This harkens back to my argument about the notion that students have fewer rights than adults.

If this winds up going to trial, it would be a great opportunity for jury nullification. Although he technically broke an arbitrary law, there was no victim…therefore, no crime.
He also tried to do the right thing, but was sadly punished severely…even more severely than if he had been an assistant principal.

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2 Responses to Eagle Scout arrested for gun, administrator previously let off lightly

  1. Jimmy Gay

    “§ 14‑269.2. Weapons on campus or other educational property.
    (b) It shall be a Class I felony for any person knowingly to possess or carry, whether openly or concealed, any gun, rifle, pistol, or other firearm of any kind on educational property or to a curricular or extracurricular activity sponsored by a school.” …
    “(f) Notwithstanding subsection (b) of this section it shall be a Class 1 misdemeanor rather than a Class I felony for any person to possess or carry, whether openly or concealed, any gun, rifle, pistol, or other firearm of any kind, on educational property or to a curricular or extracurricular activity sponsored by a school if:
    (1) The person is not a student attending school on the educational property or an employee employed by the school working on the educational property; and
    (1a) The person is not a student attending a curricular or extracurricular activity sponsored by the school at which the student is enrolled or an employee attending a curricular or extracurricular activity sponsored by the school at which the employee is employed; and
    (2) Repealed by Session Laws 1999‑211, s. 1, effective December 1, 1999, and applicable to offenses committed on or after that date.
    (3) The firearm is not loaded, is in a motor vehicle, and is in a locked container or a locked firearm rack.”
    NOTE, THE LAW AS WRITTEN BY THE STATE LEGISLATURE AND SIGHED INTO LAW BY THE GOVERNOR AT THAT TIME. THE SCHOOL SYSTEM HAS NO OPTIONS BUT TO FOLLOW THE LAW AS WRITTEN. Also, as noted by WRAL “Princeton High administrator, officer suspended in gun incident”
    Posted: March 16, 2011
    …..”Johnston County prosecutors have decided not to file any charges in the case, she said.”

  2. Jimmy Gay

    The incident with the school administrator and the resource officer took place TWO YEARS AGO.

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