Students held on charges of firing BB gun

But the mother of one of the boys says the "weapon'' is really only a 4-inch-long, $2.50 plastic toy, and that the authorities overreacted.

By JAMIE MALERNEE

© St. Petersburg Times, published April 18, 2001

The boys called it a toy. Police called it a weapon.

Now four Powell Middle School students face expulsion and criminal charges after one of them brought a toy BB gun on the school bus Monday, and he and his friends shot at several students and each other, officials said.

Although several children were hit with pellets, none was injured. The boys -- ages 14, 13, 12 and 12 -- were arrested and taken to a juvenile detention center in Ocala. The Times is withholding their names because of their ages.

"We take this very seriously," said Jim Knight, director of student services for the school district. "It's been over 14 years since we've had a student discharge a weapon on school property."

But the mother of one of the boys is crying foul. She said sheriff's officials overreacted and should never have arrested her son, who remains in detention. She said the "weapon" is actually a 4-inch-long plastic toy that costs $2.50 at Kash n' Karry and warns "not for children under 3."

"It is not a BB gun. It says, "Fun and Safe Toy.' on the wrapper," she said. "My son wasn't right to do this, but things need to be just. I think the school needs to review this and so do the courts. My son, who hasn't ever had any problems . . . is in shackles."

Florida statutes define a weapon as "any dirk, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm or a common pocketknife." A firearm is classified separately, and discharging one is a more serious crime than discharging a weapon.

The law says possessing or discharging weapons or firearms on school property applies to anyone exhibiting a "sword, sword cane, firearm, electric weapon or device, destructive device, or other weapon, including a razor blade, box cutter, or knife . . . in the presence of one or more persons in a rude, careless, angry, or threatening manner and not in lawful self-defense."

Authorities say the boys could have easily hurt someone with the BB gun. Although the mother says the toy gun is sold with plastic pellets, the boys used metal pellets when they shot at several students on the bus, according to a Hernando County sheriff's report.

At first, the bus driver thought someone was just throwing things and asked to boys to stop. Later, the driver realized someone had a weapon and, when he stopped the bus at the school, demanded it be turned over. A school administrator then got on the bus and confiscated it.

Sheriff's deputies questioned the boys, who admitted to shooting other students and each other with the gun, the report said. Students were hit in the leg, neck and face. Knight said someone could have easily been injured.

"(The gun) doesn't have a lot of pressure, but if you hit someone in the eye . . .," he said, trailing off.

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