Six millimeters could’ve made all the difference for Christopher Allen Smith.
While many cities have regulations that go beyond the federal rules on imitation firearms, all meet one minuscule requirement: “Each toy, look-alike, or imitation firearm shall have…a blaze orange plug inserted into the barrel of such toy…recessed no more than six millimeters from the muzzle end of the barrel.” The definition does not specifically include BB guns like the one Smith held in his hand a little after 11pm on Monday, April 23. So Smith’s gun bore no orange marking.
Perhaps clearing the use of a replica 45-caliber semi-automatic pistol with UVA Police could’ve made the difference and prevented a student film project from ending with the 19-year-old’s arrest. Captain Michael Coleman of the University police says that, while such requests are rare, it is even more rare that they are turned down.
“We’ve had things used in plays, but it’s not a very frequent request,” says Coleman. “Generally, I can’t recall a time where we have done that [denied request], but that is a formal situation. Generally, [a fake firearm] is not out in the public where it is going to frighten a bunch of students.”
What made the difference, to Smith’s detriment, was the handful of phone calls about a “man with a firearm” that led a gang of 25 UVA and city police to approach Wilsdorf Hall with guns drawn roughly one minute later to evacuate the building and arrest Smith.
Smith will appear in Albemarle General District Court on June 1 and faces a maximum penalty of one year in jail and a fine of $2,500 for brandishing a firearm, a misdemeanor. Judge Robert H. Downer set Smith’s bond at $10,000. Three more students—Eric Chau, Caroline Choe and Jerry Hsieh—were arrested on the afternoon of Thursday, April 26, and also charged with one count of brandishing a firearm. The three students posted bail by Thursday evening; like Smith, they will next appear in Albemarle General District Court on June 1.
Six hours before Smith’s arrest, freshman engineering student Sanders Denardi, also 19, used a section of dry ice to blow up a water bottle in front of Emmet House dormitory on McCormick Road. Spotted with two other students by a police officer, Denardi was approached and questioned, during which time he approved a room search that yielded alcohol. Denardi was charged with creating a hoax explosive device (a felony) and underage possession of alcohol (a misdemeanor). Denardi’s next court appearance is scheduled for six days after Smith’s; his bond is also set at $10,000.
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