Another story from VT

Another story from VT

This is a discussion on Another story from VT within the In the News: The Good, the Bad and the Ugly forums, part of the The Back Porch category; The only firearm involvement was a handgun and loaded magazines in a bank's safe deposit box and cleaning rod in the dorm room. However, here ...

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Thread: Another story from VT

  1. #1
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    Another story from VT

    The only firearm involvement was a handgun and loaded magazines in a bank's safe deposit box and cleaning rod in the dorm room.

    However, here we go again with a college's reaction.

    A judge on Thursday certified to a grand jury a felony charge of attempted malicious wounding against a former Virginia Tech student, although the judge said that in his opinion the incident sounded like nothing more than misdemeanor assault and battery.

    Stories conflict over dorm room incident - Roanoke.com
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    VIP Member Array David in FL's Avatar
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    Bizarre....

    To be fair, I didn't see anything in the article mentioning any reaction by the school. Did I miss something?

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    Quote Originally Posted by David in FL View Post
    Bizarre....

    To be fair, I didn't see anything in the article mentioning any reaction by the school. Did I miss something?
    I think this is to what DaveH is referring:

    "Tilrico was banned from Virginia Tech and required as a condition of his bail to live with his parents in Texas after the incident, though it remains unclear exactly why.

    "After his arrest, Tech police obtained a search warrant to check his dorm room for any indication that he might have intended to harm anyone else. Among the items seized from his room were a rifle cleaning rod and a journal. From Tilrico's bank safe deposit box, police took a handgun and loaded magazines."


    Looks like a case of "Did not! Did too!" It is scary how something like this can have such a potentially great impact upon a life.
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    Distinguished Member Array kazzaerexys's Avatar
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    How do you get a search warrant for a safe deposit box in response to an alleged simple assault?

    Seems like as the kid's lawyer the first thing I would do is get the warrant overturned. Also, is it not usually a condition of bail that one not leave the state where one is charged? Never heard of somebody being required to travel out of state as a condition of bail...

    This does seem like a lot of over-reaction to a couple of touchy college roommates ticking each other off.
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    VIP Member Array David in FL's Avatar
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    [QUOTE=falcon1;759617]I think this is to what DaveH is referring:

    "Tilrico was banned from Virginia Tech and required as a condition of his bail to live with his parents in Texas after the incident, though it remains unclear exactly why.

    QUOTE]


    Ah, I see. The impression I got was that it was the judge that imposed both those upon him.

    Regardless......I still can't fault the school. If it was they that banned him from the school, they did so after the judge certified the felony charge. That seems appropriate to me, but if he's found innocent, seems to me that he should be reinstated at the school, should he so desire.

  6. #6
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    Quote Originally Posted by David in FL View Post

    Regardless......I still can't fault the school. If it was they that banned him from the school, they did so after the judge certified the felony charge. That seems appropriate to me, but if he's found innocent, seems to me that he should be reinstated at the school, should he so desire.
    FWIIW -- He has not yet been charged. He has been certified to a grand jury for their consideration of a potential felony charge. However, as has been said may times, any prosecutor worth his salt can get a grand jury to bring a true-bill against a ham sandwich.

    As I understand it it was the University Police all the way to this point. In Virginia, some colleges have full authority police departments, who report only to the college bureaucrats.

    He is a "former Virginia Tech student" at this juncture. So, this General District Court Judge's certification to the grand jury is after VT kicked him out. I have not seen any earlier news on this or when the bail was set, or the expulsion took place.

    I have no clue how the search warrant the Tech police obtained to check his dorm room got to the bank. I think that there is a Credit Union with an Branch Office on campus. I don't know of a Bank, but that might be a hook.
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  7. #7
    VIP Member Array obxned's Avatar
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    It was an 'evil black cleaning rod'.
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    VIP Member Array David in FL's Avatar
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    Quote Originally Posted by DaveH View Post

    FWIIW -- He has not yet been charged. He has been certified to a grand jury for their consideration of a potential felony charge. However, as has been said may times, any prosecutor worth his salt can get a grand jury to bring a true-bill against a ham sandwich.
    I guess I'm confused. Are you saying you think that he's been treated unfairly here?

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    Quote Originally Posted by David in FL View Post
    Are you saying you think that he's been treated unfairly here?
    Yep!

    As falcon1 said
    Looks like a case of "Did not! Did too!" It is scary how something like this can have such a potentially great impact upon a life.
    End of a very expensive school term, right before exams, no one hurt, no gun in the dorm room, (as far as we know from the article) no certification of a danger to anyone (albeit a detention and finding might be the missing piece of the story), but both he and McElmurray said he never tried to cut or stab McElmurray, in what the judge thinks should be a misdemeanor assault and battery (at most) and a kid gets the boot.

    Yep! I think that is unfair -- based on what has been made public, so far.
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  10. #10
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    Quote Originally Posted by obxned View Post
    It was an 'evil black cleaning rod'.
    FWIIW When I went to VT we were issued a evil black cleaning rod and a rifle, which we kept in the dorm room.
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    I am neither an attorney-at-law nor I do play one on television or on the internet. No one should assumes my opinion is legal advice.

    Veni, Vidi, Velcro

  11. #11
    VIP Member Array David in FL's Avatar
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    Quote Originally Posted by DaveH View Post
    Yep!

    As falcon1 said

    End of a very expensive school term, right before exams, no one hurt, no gun in the dorm room, (as far as we know from the article) no certification of a danger to anyone (albeit a detention and finding might be the missing piece of the story), but both he and McElmurray said he never tried to cut or stab McElmurray, in what the judge thinks should be a misdemeanor assault and battery (at most) and a kid gets the boot.

    Yep! I think that is unfair -- based on what has been made public, so far.

    If it had been a gun instead of a knife, would you feel differently?

  12. #12
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    Quote Originally Posted by David in FL View Post
    If it had been a gun instead of a knife, would you feel differently?
    As I have said, all we have to go on is what's reported in this article and it leave a lot of unanswered questions.

    My tendency is to believe you are innocent until proven guilty. That hasn't happened, yet.

    When I read a story in an anti-gun paper that gratuitously brings in a gun, my innocents meter reacts. When I read a story about anti-gun school administration taking action when their police find a gun (off campus??), my innocents meter reacts.

    When there are a lot of unanswered questions my innocents meter reacts.

    In what the judge thinks should be a misdemeanor assault and battery (at most) and a kid gets the Boot -- I would still think it is unfair -- no matter what sort of weapon might have been in the vicinity.

    (OTOH, doubt if the Judge would think that it was a misdemeanor, were it a gun. And I think that is also unfair.)

    Both he and McElmurray said he never tried to cut or stab McElmurray. We don't know what sort of knife it was -- folding or fixed. We don't know if it was opened/unsheathed.

    All of which is academic, were it a gun, for under current VA law, a student having a gun is a violation of the school-student contract -- and FWIIW I think that is unfair, also.

    IMHO a gun in a safety deposit box has nothing to do with a shoving match somewhere else.

    If every "You did" "Did not" dorm affair and every pushing match was a Boot from school trigger, I'd think it was unfair. If every misdemeanor assault and battery was a Boot from school trigger I'd think it was unfair. The fact that they are not and this one is (when there just happens to be a gun somewhere in the picture) is IMHO unfair.

    From my post in http://www.defensivecarry.com/vbulle...-guns-car.html and other threads, I think my feels about the school situation are fairly clear.

    As I have said, all we have to go on so far is what's reported in this article and it leave a lot of unanswered questions. I reserve the right to change my opinion on this particular case, if and when they are answered.
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    Veni, Vidi, Velcro

  13. #13
    VIP Member Array David in FL's Avatar
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    Quote Originally Posted by DaveH View Post
    As I have said, all we have to go on is what's reported in this article and it leave a lot of unanswered questions.

    My tendency is to believe you are innocent until proven guilty. That hasn't happened, yet.

    When I read a story in an anti-gun paper that gratuitously brings in a gun, my innocents meter reacts. When I read a story about anti-gun school administration taking action when their police find a gun (off campus??), my innocents meter reacts.
    You're assuming that the administration reacted because of the off-campus gun. I'm assuming that they reacted because they believe that the student threatened another with a deadly weapon (the knife).

    If I were the the dean, chancelor, whatever.......and one student was arrested for pulling a knife on another student, I think that I'd be tempted to suspend him pending the outcome of the case too......

    I guess we disagree here.......and that's ok, but this one just doesn't get me riled.

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    Distinguished Member Array kazzaerexys's Avatar
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    I suspect the guy was sent packing from the school because the 5" knife in the dorm room violates a weapons policy. It probably has nothing to do with the impending charges. Also, the fact that he gets expelled for the weapon means he no longer has a Virginia residence, hence the terms of the bail---out of state but in custody of his parents (even though he is not a minor).

    Which means that VT is still being stupid, but it has nothing to do with the alleged assault. <--- Clue stick.
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