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Parents file lawsuit over BB gun arrests

They claim the children were unfairly charged and maliciously prosecuted after the incident on a school bus.

By JAMIE JONES, Times Staff Writer
© St. Petersburg Times
published January 10, 2003


BROOKSVILLE -- The parents of three students accused of shooting a BB gun on a school bus almost two years ago on Thursday sued the Hernando County School Board and the Sheriff's Office.

They allege that their children were falsely arrested and maliciously prosecuted.

The parents seek more than $15,000 in damages, saying school district employees unfairly had their children jailed for shooting a toy gun in April 2001.

The parents said their children, temporarily housed in an Ocala juvenile detention center, suffered emotional anguish and embarrassment.

Karen Gaffney, school board attorney, could not be reached for comment Thursday. Sheriff's officials said they would not comment on pending litigation.

Authorities arrested the Powell Middle School students on April 16, 2001, after a 12-year-old boy carried a plastic BB gun on the school bus. He and three other boys -- ages 12, 13 and 14 -- fired the gun.

Some students told deputies that shot went flying past their faces, and others complained that they were hit in the chest, shoulder or cheek. No one was seriously injured.

The mother of one of the boys said the boys used a 4-inch-long plastic toy from Kash n' Karry and that the deputies overreacted.

Authorities said the boys could have easily hurt someone with the BB gun. Although the gun came with plastic shot, the boys used metal shot, deputies said.

The boys were charged with discharging a weapon on school grounds. The boy who brought the gun to school was not part of the lawsuit. The disposition of the charges could not be determined.

The Times is withholding the students' names because they are minors.

-- Jamie Jones covers law enforcement and courts in Hernando County and can be reached at 754-6114. Send e-mail to jjones@sptimes.com.

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