Smithtown High School West student accused of bringing gun, ammo to school was 'aggressor' in earlier incident, judge says at arraignment
The Smithtown West student, 16, was arraigned on felony charges Wednesday. Credit: Randee Daddona
The Smithtown High School West junior who brought a handgun and ammunition to school grounds Tuesday was "the aggressor" in a videotaped altercation a day earlier, a Suffolk judge said at his arraignment on felony weapons charges.
The male student, 16, who entered a general denial to the charges Wednesday afternoon, also posted a photograph of himself holding the black Kahr P380 pistol to Instagram before entering the school building with the gun, a loaded magazine and a knife, prosecutors said.
"The handgun was previously reported stolen in the State of Florida," Assistant District Attorney Kaitlyn Pickford informed acting Supreme Court Justice Karen Kerr at First District Court in Central Islip.
Kerr set bail for the student, who Newsday is not naming due to his age, at $50,000 cash or $100,000 bond. Orders of protection were issued that his attorney said will keep him out of school.
The teen was charged with second-degree criminal possession of a weapon: loaded firearm on school grounds — a violent felony — and other weapons charges. The top charge carries a mandatory prison sentence ranging from 3½ to 15 years behind bars.
School administrators were investigating a conflict between the student and a schoolmate when they learned the 16-year-old "may have recently posted a picture of a handgun on social media," according to a letter Superintendent Mark Secaur shared with families Tuesday. Administrators called Suffolk police and a school resource officer responded.
About 1:55 p.m., school staffers searched the student's backpack and recovered the weapons and ammunition, the Suffolk County Police Department said in a news release.
Kerr said the student’s mother and the school principal were present when the weapons were recovered.
The teen, who wore a black hooded jacket and pants as he faced the judge for the first time, was represented at arraignment by an attorney with the Suffolk County Legal Aid Society. His counsel said the teen lives with his mother, stepfather and brother and is employed at a local steakhouse. His family members declined to comment as they left the courtroom Wednesday.
Sheriff’s officials said during the arraignment that the teen will be housed in a youth tier of the county jail should he not post bail since no beds are currently available at any specialized youth detention centers.
The teen’s arrest was front and center at a meeting of the Smithtown Board of Education Tuesday, where several community members voiced their concerns, with one of them speaking directly to the board during the public session to emphasize the importance of communicating accurate information about the arrest.
Contrary to the judge’s remarks the following day, Secaur refuted for the concerned parent reports that the arrest stemmed from "an altercation." He described the prior incident as a "brewing peer conflict" but not an altercation.
"It goes without question that the presence of a weapon in one of our schools is deeply concerning for all us," Secaur said at the meeting, which was recorded for broadcast on a district YouTube channel.
"The situation was reported, investigated, and acted upon swiftly, without incident," he said, thanking the student who reported the social media post.
"The old adage, 'if you see something, say something' was adhered to and we were all grateful," the administrator added.
School board President Matthew Gribbin and Trustee Dana Fritch also spoke about the incident during the public meeting.
Gribbin lauded the district for its addition of armed guards and other security initiatives in recent years. Fritch said she was proud of the student who spoke up and said she looks forward to continuing the conversation about enhanced security, including looking at safety measures that have worked in other districts.
"Trying to add as many layers of safety that we can," she said.
The teen is due back in court Nov. 2.
Newsday's Lorena Mongelli contributed to this story.
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