School threats are no joke and a serious concern for authorities
Prosecutors want a state law to make felony charge stick
Updated 7:31 pm, Sunday, March 25, 2018
In the five weeks since the shooting at Marjory Stoneman Douglas High School in Florida, more than a dozen reported threats have been made against schools and students in the Capital Region.
The cases follow a typical pattern: a threat is made in person or on social media, police are called, schools and homes are searched and a student is arrested and charged with making a terroristic threat, a felony.
None of the cases in those five weeks has been publicly deemed a credible threat.
But in today’s hypervigilant society, no one is taking chances. Students themselves are taking steps to reach out to authorities when observing possible threats.
The cases also create issues for school districts and law enforcement on how to handle the students making the threats.
The students making the threats are typically dealing with mental health, relationship or bullying issues, said Philip Rainer, the chief clinician at Capital Counseling in Albany.
“Many times we’ll see kids who don’t have well-developed problem-solving skills,” he said. “Sometimes it’s a cry for help.”
And authorities say none of the students in the recent cases have had the actual intent or capabilities to carry out the threats.
George Conway, the assistant Saratoga County attorney who handles the cases in the county’s Family Court, said one issue is that the state does not have a specific law on threats of violence against schools and the threats don’t meet the legal threshold for the felony charge to stand up in court.
“The system is not perfect, it does need to be fixed,” he said.
In most cases the students end up in Family Court facing a charge of falsely reporting an incident, which is a misdemeanor, rather than the original felony charge, Conway said.
Attorneys across the state have been discussing the issue and are starting to ask state legislators to pass a statute specifically for these types of threats, Conway said.
Attorneys and law enforcement officials say it’s unclear whether the increase in the number of reported threats is because more students are making them or if students and others reporting incidents are more vigilant and less likely to let a comment pass.
Either way, it is something that law enforcement takes seriously every time and the felony charge sends a message that the issue is not one taken lightly, Saratoga County Sheriff Michael Zurlo said.
“We have to be able to hold them accountable,” Zurlo said.
Albany County District Attorney David Soares compared the rise in the number of reported threats to a series of swatting incidents in Watervliet several years ago. Swatting is when a prank call is made, often referencing an armed person, with the intent of bringing law enforcement SWAT teams to the scene.
“These cases we take very seriously,” he said. “I think people are more aware and conscientious about these issues.”
Conway noted in one recent case, a student convinced an autistic classmate to blurt out a threat of shooting up a school. Other students overheard it, took the threat seriously and reported him.
The path forward after a student makes a threat is a complicated one that can depend on the seriousness of the threat and a student’s history with the district or police.
Accused students undergo a mental health evaluation. Based on the results, the student may get counseling, a recommendation for medication and are typically sentenced to probation. Students with more serious behavior or mental health issues may be sent to an in-patient facility.
Students are also assessed to determine if they should return to classrooms after making a threat, said Schenectady Superintendent Larry Spring.
If the district thinks the student should return, it works with them to develop a plan that helps them with the transition back in to school.
“A large chunk of the time it is some course of therapy,” he said.
Schools are also being proactive in their communication to parents. On March 20, Bethlehem Superintendent Jody Monroe sent a five-part message to parents on the district’s existing and planned security precautions, including an anonymous police tip line for students.
Two days later a 14-year-old Bethlehem middle school student was charged with making a terroristic threat. He was referred to Albany County Family Court.