After receiving threats of mass shootings, district says they ought to be felonies |
On Board Online • June 13, 2016
By Cathy Woodruff
Senior Writer
During a single-district lobby day coordinated by NYSSBA, school leaders from a small rural district in Delaware County recently met with lawmakers about a state law that classifies bomb threats - but not mass-shooting threats - as felonies.
For school officials from the Walton school district, the issue hits home.
Walton's students, staff and families were targeted by a stream of Facebook posts threatening gun violence against students over several months in 2013. Posted by a local woman using false identities, the threats jangled nerves and prompted school officials to lock doors, call in police and cancel outdoor recess activities.
The 27-year-old woman behind the threats eventually was identified and arrested. She was charged with harassment, a misdemeanor that carries a maximum punishment of a year in prison. She was released on bail within a month of her first arrest and resumed her threats.
If the woman had threatened a fire, explosion or release of a toxic gas, she could have been charged with a D-level felony of falsely reporting an incident. When the woman eventually used the word "bomb," she was charged with a felony, which triggered a sentence that included probation. She later served prison time for violating terms of her probation and was released last year under parole supervision, according to data available from the state Division of Corrections and Community Supervision.
Walton School Board President Judy Breese says district leaders are "at a loss to understand why threats of massive gun violence should be treated any less seriously than bomb threats under state law."
A Walton delegation that included Breese, Superintendent Roger Clough and teachers union President Anne Hartman joined NYSSBA governmental relations representatives in conversations with lawmakers and staff in six legislative offices and with representatives of the governor on May 24.
The group encouraged support for a bill sponsored by Assemblyman Joseph Lentol (D-Brooklyn) and Sen. Patrick Gallivan (R-Elma). The proposed legislation would update the penal law to include any false or baseless threat of serious harm to multiple victims as a felony.
The bill has gained momentum in the Senate, which passed it last month and last year. Recently, the District Attorneys Association of New York State added its support.
Action to amend the law "is necessary because the unfortunate reality is that threats on schools and other places continue unabated," said Robyn Pangi, executive director of the district attorneys' group.
"The laws on the books reflected an earlier trend - specifically, bomb threats - that, if carried out, would result in a mass casualty incident," Pangi said. "Contemporary experience has proven that there are many other ways to effect the same response without resorting to the threat of a fire, explosion or hazardous substance release."
While some have expressed concern about potential felony charges against juvenile defendants, Walton's Clough noted that juveniles already can be charged under the current law against bomb and fire threats. He said alternatives to the criminal justice system are available to school and law enforcement officials in those cases.
"It's the adults, the people outside of the school that we need help with," Clough said.
"The ideal outcome connects the youth or adult who is making these threats with important mental health, substance abuse and counseling services they need," said Pangi.
"We were pleased to assist the district in arranging the legislative visits," said Julie Marlette, director of governmental relations. "Legislators are interested in hearing from people on the front lines, and member boards shouldn't hesitate to contact us to make the most of a visit to the Capitol."