Some cases are just plain bizarre. And, Matter of David H. is a prime example. In this particular dispute, a Family Court Judge adjudicated a child a "juvenile delinquent" for the unlawful possession of an air pistol.
In the City of New York, the unlicensed sale or possession of an air pistol, air rifle or similar instrument--in which the propelling force is a spring or air--is unlawful. [See New York City Administrative Code section 10-131(b) and New York City Administrative Code section 10-131(g)(1)(a). Many villages, towns, cities and counties throughout our great state do not have comparable restrictions.]
On appeal, the Appellate Division, First Department, reversed and dismissed the case in the absence of conclusive evidence that the child was ever in possession of the air pistol. As the Court observed:
On the possession issue, the evidence established only that a teacher saw appellant inside a closet area "flipping the top of his pants out a little" so that another student could not look in; [the teacher] was unable to see what, if anything he had in his pants. At some point thereafter--the record does not indicate how long thereafter--a school safety agent saw appellant in an adjoining classroom standing near a group of lockers. One of the lockers was "kind of cracked open" and the agent found the air pistol in that locker when he opened it. The agent did not see appellant put anything into the locker nor was there any evidence the locker was assigned to appellant. The evidence established only proximity to, not possession of, the air pistol.*And our Mayor is worried about youngsters taking their cell phones to school?
In the wake of school shootings throughout our country, we need to ensure that students are discouraged from carrying weapons--particularly onto school property--and must send a clear message that this type of illegal conduct will not be tolerated. Unfortunately, the outcome of this case fails on both counts. While the Appellate Division cut young "David H." a break, the safety and security of everyone entrusted to our school system must remain of paramount importance to us all.
For a copy of the Appellate Division's decision in Matter of David H., please click on the following link:
http://www.nycourts.gov/reporter/3dseries/2006/2006_05091.htm
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*Unfortunately, the decision is conspicuously silent as to whether other evidence--such as fingerprints--pointed to young David's "possession" or "control" of the air pistol.