An Albemarle teen’s appeal to circuit court proved fruitful on Wednesday, August 16, when a jury acquitted him of threatening to blow up two Albemarle high schools on the seventh anniversary of the Columbine shootings. The school system subsequently voided his expulsion and he will start as a freshman at Albemarle High School on Monday, August 21.
In court, the 13-year-old boy sat near his parents and lawyer, looking small compared to the courtroom full of adults. His parents supported bringing the child’s case to circuit court, a rare move for juvenile defendants.
The jury deliberated for four hours before turning over a “not guilty” verdict.
The boy was convicted in juvenile court in April of conspiring with two older boys and another 13-year-old to plant bombs at Albemarle and Western Albemarle high schools. Fireworks and guns were confiscated from the homes of the older boys, who are 16 and 17. The defendant was convicted of communicating with co-conspirators over the Internet, which defense attorneys denied. Local police have been criticized in the case for questioning the youth prior to his February arrest. He was interrogated without his parents for about 40 minutes, and investigator Sgt. Linda Jenkins joked with the boy about being arrested.
“The way [the interrogation] was handled by the police involved over-reaching and inappropriate sensitivity to juvenile defendants and witnesses,” defense attorney David L. Heilberg says. “…So I hope the Albemarle County police will handle juvenile cases differently from now on.”
The boy’s parents appealed his expulsion so he can attend Albemarle High School. They had little luck getting local private schools to accept their son.
Heilberg says, “We scheduled the trial in hopes of getting him a full school year.” Heilberg doesn’t anticipate the boy will have any trouble from administrators or other students.