Accused of Making Threats in a Classroom

The following zero tolerance nightmare occurred at Ruth Musser Middle School in Rancho Cucamonga, CA. ......

Rancho Cucamonga, California (Ruth Musser Middle School – Central School District)

March 6, 2001 my husband and I received a call from the school counselor that our 13 year old 8th grade son was in the office for making threats in a classroom and the police had been called. Knowing our son was more the quiet, shy type, both of us wondered what could have made our son so angry so as to make threats in a class and hurried to the school to find out more.

Our son, D.J., has been tested for intelligence and found to be in the top two percent. Having a child with this ability and dealing with the public school system has always been a challenge. He’s never been accommodated, always been a little “different” in socializing with other kids as he loves to read and would rather read than play or talk. But, he has never been in any significant trouble other than detentions for tardiness. We had complained through the years of kids teasing and taunting him, taking his books and throwing them, being threatened with “you’re going to die today”, etc. And, we always been assured that the school administrators were taking care of things and watching out for him.

When we arrived at the school, we were met by the counselor who reported that some kids had heard D.J. make threats to bring a gun to school and kill everyone and D.J. was being held in a conference room where he was told to write his side of the story. I was directed to the conference room and found my son writing down his side of the story. I read what he had written, but much of it didn’t make sense. I asked D.J. what happened and he said he wasn’t sure. He said that he was told some kids said he made threats but he had been joking with his friend M. and didn’t think anyone else heard anything and that they were just joking. He was certain M., his friend, would not have turned everything around and reported him, because they were both joking together and they always joked about stupid stuff like that.

When the Sheriff’s Deputy arrived, he informed us that he was “off” in 30 minutes and wanted to make it quick. The counselor and us went over the details and it was agreed that although inappropriate, the boys were joking and the conversation would turn into only a suspension, possibly for three days and D.J. would need a psychological evaluation before re-entering school. After taking our son home and through much questioning we learned the chronology of what occurred. A few weeks later we learned the entire story which is as follows:

D.J. walked into the school library where the class waits for their computer class to begin and passed by some boys sitting together at a table where one of them said, “hey, that D.J.’s another Columbine, he’ll kill us all.” D.J. replied, “Oh yeah, you discovered my plot.” D.J. walked over to where his friend “M” was sitting along with another boy “S”. They began horsing around wherein D.J. picked up a rubber band, shot it at M, M grabbed another off D.J.’s finger and hurried around the class with D.J. in pursuit. When the teacher came into the library to announce the start of class, the boys began walking to their computer room where D.J. told “M”, hey “B” thinks I’m going to blow up the school”. Both boys began joking together, “M” joking with D.J. and asking when, what with an “UZI” and D.J. replying, “No, a glock”. (A gun his dad uses in his police officer duties).

The conversation ended and both boys went on to other classes. In “M’s” class, he sat with a couple of girls and told them, “Hey, I heard this crazy thing D.J.’s going to do, he’s going to bring a gun to school and kill everyone”. Frightening the girls, he convinced them to go ask D.J. himself, but the girls were very frightened and told “M” to talk to D.J. and they would stand by listening. Between classes, “M” and the girls found D.J. The girls stood back so D.J. could not see them, there were many kids in the hallways changing classes and the girls claim they heard “M” ask D.J., “Are you really going to bring a gun to school and kill everyone.” They claim, through all the noise, to hear D.J. respond, “Yeah” and “M” continue asking, “Why”, and D.J. respond with, “Because everyone calls me a nerd” and “M” respond, “You bring your own problems on”. However, “M” claims he asked D.J., “Are you really going to do this thing you said,” and D.J. replied, “Yeah”. “M” says the girls asked all of the rest of the questions, but the girls claim that D.J. never saw them. D.J. said he thought “M” was just carrying of the joke and he never saw the girls.

At this point, the girls insisted on going to the office to report D.J. and had to coax “M” to go with them. Once inside, the girls acted panicked and frightened and with tears in their eyes, gave the counselor the story. The school psychologist was called in, D.J. was escorted from class to the counselors office where they and the Vice Principal questioned D.J. They asked D.J. if he said he was going to bring a gun to school and he told them, “Yeah, but I was joking with my friend “M”. The following day an “unusual incident letter” was sent out to parents about an 8th grade student was home being investigated for making threats in a classroom. The rest of the week, as rumor got out as to who the individual was, the school and district offices were inundated with phone calls by frantic parents requesting the school not allow our son back in that school. A group of friends, but not friends of our sons, but rather his “teasers and taunters” had even gotten together and called saying their kids were afraid of our son and they wanted to be assured our son would not be treated “special” because his father was a police officer.

We proceeded to have D.J. psychologically examined by a licensed child psychologist who gave D.J. the MMPI which showed he was not a violent person, slightly immature, shy and unlikely to speak first. We were informed a few days after the incident, by the Principal of the school, that our son was to be expelled and prosecuted for the crime of Criminal Threats, P.C. 422 “….with the specific intent to cause sustained fear….” We hired and attorney to represent our son and fought the proceedings. Before the expulsion hearing we found one student who witnessed the original joking in the class by the two boys and could testify that no threats took place, but she was disregarded. D.J. was expelled from the public school system and we prepared for his criminal trial.

D.J.’s friend “M” claimed that when D.J. walked up to him in the library, while he was sitting with another friend “S”, D.J. stood uncomfortable close, remained in an upright position with “S” one seat away and announce that he was “going to bring a gun to school and kill everyone.” “M” said that D.J. repeated this several times in a normal tone of voice, not whispering or bending down to talk in “M’s” ear and claimed “S” witnessed the threat along with another boy “G”. We had not heard of these witnesses, and after all sides minus these two witnesses who never appeared in either the criminal trial or the expulsion hearing, the juvenile judge said, “I just decided to believe “M” because D.J. is intelligent, teased and taunted and believe D.J. tried to control “M” and when “M” rejected D.J., believe D.J. threatened “M”.

After the guilty verdict, I located both alleged witnesses “S” and “G”, who both told me they had been interviewed early on by the Vice Principal and they said they never heard D.J. threaten “M” or anyone. They heard both boys joking and they themselves were not concerned.

A sentencing date was set and probation interview took place. When we received the probation report, the day before the sentencing hearing we were shocked to find out that probation was recommending our son be taken into custody and jailed for 30 days, after which he would be on house arrest and electronic monitoring for 6 months, contact probation several times per day and several other ridiculous conditions. D.J.’s attorney met with the Deputy District Attorney and the Judge, prior to the sentencing and the attorney reported to us that the Judge was confused by such a stiff sentencing recommendation and called the probation officer to her office to ask why. She had been given 25 letters of character reference for our son, a boy scout, active in church and confirmation and never in trouble. Also, a Court ordered psychological had found the same results, non-violent, slightly immature, shy and unlikely to speak first. The probation officer had no answer.

D.J. was sentenced to 1 year formal probation, a few minor conditions and if no other trouble occurred, would be let off probation early and the charges reduced to a misdemeanor. Was this politically motivated? An exercise of ego and power? You bet it was. This nightmare cost our family $15,000.00 and our home. This nightmare devastated our family, which includes D.J.’s two younger brothers. Now, two years later, we are only starting to recover and get D.J. back on track. He became a very angry young man, but is beginning to recover. He refuses to salute the American flag and tells us he wants to leave this Country when he is old enough. He knows the truth. So does the school, the courts and the little “friends” who lied about him.

D.J. and his brothers are now in private schools. We do not encourage anyone to put their child in any public school.