Student Arrested After Showing Up to School in Body Armor, Cops Later Find Weapons Ca

Musketeer

New member
Alright, I give. What law did he break?

How is body armor armed tresspassing?

Clear Out is OC Based... http://www.keepshooting.com/selfdefense/teargas/clearout-2oz-teargas-grenade.htm

Everything mentioend was purchased, as the police stated so what was the grand theft?

What mischief did he conduct?

I assume the reporters really meant a legal copy of an AK-47, since they never get that right.

This is at the very leat lousy reporting.

http://www.foxnews.com/story/0,2933,302557,00.html

Student Arrested After Showing Up to School in Body Armor, Cops Later Find Weapons Cache
Wednesday, October 17, 2007

An 18-year-old Florida student was arrested Monday after officials informed police he was wearing a bullet-proof vest on school property.

Shawn Keiffer Newberry, 18, of Lakeland, Fla., is facing charges of armed trespassing, grand theft and criminal mischief after police found the student had purchased body armor, a Taser, AK-47s, a shotgun, gas mask and ammunition among other items, officials said.

A search warrant executed on the student's home found a video showing Newberry and four others using the AK-47s for target practice.

Officials notified police Monday that Newberry was wearing a bullet-proof vest at the Life Skills Center in Lakeland. Newberry, officials said, was evasive when asked about the vest and a search of his vehicle turned up "Clear Out," a chemical agent used to temporarily incapacitate a person.
 

DCFarris

New member
With all the school shootings that happen these days, Im surprised more students dont come to school wearing body armor. I mean really, since no one but the bad guys can be armed in school, at least let them wear their body armor.
 

FirstFreedom

Moderator
Can you say "section 1983 lawsuit"?

Sure, I thought you could.

Lessee:

1. "armed trespassing". He was NOT armed, and NOT trespassing (unless he had been told to leave he premises).

2. "grand theft". He did not steal anything (unless there are more facts).

3. "criminal mischief". Nope, he didn't do that either.

"police found the student had purchased (a) body armor, (b) a Taser, (c) AK-47s [as usual, this is a lie by the cops and/or reporters, so we'll safely assume it's just a .mil pattern rifle], (d) a shotgun, (e) gas mask and (f) ammunition, among other items":

(a) Not illegal, (b) not illegal, (c) not illegal - 18 yrs old, (d) not illegal - 18 yrs old, (e) not illegal, and (f) not illegal. Clearly the "other items" weren't illegal either or they would have listed them specifically. Any other questions, stupid-arse cops?

"found a video showing Newberry and four others using the AK-47s for target practice."

Also not illegal.

"was evasive when asked about the vest" Not illegal unless he lied to police, which surely he didn't or they would have thrown at him the ONE legitimate charge they could have, obstruction of justice, had he lied. Mere "evasiveness" (if even true) is not illegal.

"a search of his vehicle turned up "Clear Out," a chemical agent used to temporarily incapacitate a person."

Also not illegal.

Jeebus I hope he sues their pants off. Outrageous it seems to me.

I could be mistaken about Fla. law on some items perhaps, but I doubt it.
 

Musketeer

New member
The only item legally questionable is the Clear Out which appears to be an OC dispenser/grenade. Not certain about that though.
 

Samurai

New member
I agree, this is horrible reporting. We don't really know what happened.

IF the kid had chemical weapons (Clear Out) in his car, AND he was a student at the school, then he is considered in "posession" of a weapon. Weapons in cars are not allowed (by students), and most schools recognize mace as a weapon.

Simply wearing the vest MIGHT have given the school officers probable cause (or at least reasonable suspicion) to search the kid (and his car) for weapons. REMEMBER: School officials do not need probable cause to search a student or a student's car. They can do a search on suspicion only.

It sounds (again, lousy reporting, so we can't confirm this!) like they asked the kid why he was wearing a vest, he answered evasively, and they searched his car. Then, they found the mace, arrested him, and then started researching his past purchases. When they discovered that he had bought a bunch of weapons, alarms went off that this kid might be planning a school shooting.

I sure wish we knew what really happened!!!
 

TwoXForr

New member
I wonder if I send my 12 yr. old kid to school with a bullet proof vest what might happen, how about if I just send my kid there sans ballistic protection, but in just the carrier?
 

Justme

Moderator
I wish they would ban camo at school too. I have no problem with dress codes at school and body armor would certainly fit under the category of "disruptive of the education process" or something, so send him home, but arrest?
 

TwoXForr

New member
And just what is disruptive about Camo colored clothing.:confused:

School uniforms is another debate entirely but I can think of far more disruptive types of clothing than anything with a camofluage scheme.
 

Al Norris

Moderator Emeritus
This is an update, only 4 hours old at the time of this posting. Read this carefully and look at the timeline.

Teen with bullet-proof vest arrested for ammo stash

Lakeland, Florida - Shawn Newberry, 18, was arrested Monday after Lakeland police found a stash of ammunition, drugs and a videotape at his house. Four other people in the videotape may also face charges, according to State Attorney Jerry Hill.

The State Attorney says more people may be charged after a raid at a house in Lakeland turned up ammunition, computers, a videotape and substances believed to be marijuana and cocaine.

The investigation started when 18-year-old Shawn Newberry showed up to Life Skills Center on E. Memorial Boulevard wearing a bulletproof vest.

When asked why he was wearing the vest, school officials say Newberry's answers were “evasive”. A campus security officer at Life Skills called police.

Officers arrived and interviewed Newberry, who bragged about firing off at least 1000 rounds of ammunition each weekend and told them he owned a flack jacket, which is a form of clothing designed to protect from shrapnel.

On October 10, officers searched Newberry's home on Selkirk Lane North and found computers, many rounds of ammunition of various calibers and substances believed to be marijuana and cocaine. Officers also recovered a camera that contained a video of Newberry and three other males engaged in mock target practice sessions. In the video, the four of them allegedly defaced property around Polk county while a female laughed and videotaped.

The State Attorney says it's possible the four other individuals on the videotape will also face charges.

At Newberry's house, officers also found evidence that he had purchased an M18 taser, three Vector Arms AK-47s, a shotgun, Clear Out grenades, a tactical helmet, a gas mask and about 2000 rounds of ammunition. All of the purchases had been made since January, officials said.

Newberry was arrested at Life Skills on October 15.

State Attorney Jerry Hill says Newberry had enrolled in the alternative learning school just five days prior to the day he wore the bulletproof vest. Before that, Hill says, it appears Newberry had not attended school since the sixth grade.

Even though the state attorney says no direct threats were made against the school, Life Skills says letters were sent home to parents notifying them of the incident.

The State Attorney's office filed charges against Newberry for armed trespassing, grand theft and criminal mischief.

Here's the official statement from the Life Skills Center:

On October 3, the Lakeland Police Department security officer stationed at Life Skills Center Polk County questioned newly-enrolled student Shawn Newberry on the school's campus after the staff had noticed suspicious behavior.

Acting upon information provided by the police officer, Life Skills Center followed the School District's policy by suspending Mr. Newberry and forwarding information to the School District with a recommendation he be expelled. Mr. Newberry left the school grounds on October 3 and has never returned.

We have the utmost confidence that appropriate action is being taken by the Polk County School District and law enforcement officials. It is not our policy to comment upon ongoing legal matters.

Paul A. Jungkunz, State Director for Life Skills Centers

One of our producers spoke to Shawn Newberry through MySpace email today, this is what he said: “All that can be stated is there is no criminal intent nor was there, things are being blown out of proportion.”
Based upon this updated story and the timeline of events, I have to say there is more going on here than things "being blown out of proportion."
 

Justme

Moderator
It's all about mindset. What is the purpose of camo? I think it is fair to say that camo is meant to make you less visible, usually in a situation that involves trying to kill something, or trying not to be killed yourself. Yes, there are worse things than camo, or body armor for that matter, I just think that clothing should be appropriate for the task at hand, the task of school children is learning. It's not that big a deal but I think that parents who let their kids wear camo to school aren't thinking about what that gear is actually for. Whether it's for deer hunting or military action doesn't really matter, neither is scholarly.

Clothing really does matter though. I don't like the all black goth look either, but at least it doesn't imply that the wearer is trying to be less visible while killing.
 
1. "armed trespassing". He was NOT armed, and NOT trespassing (unless he had been told to leave he premises).

2. "grand theft". He did not steal anything (unless there are more facts).

3. "criminal mischief". Nope, he didn't do that either.

If pepper spray is not allowed on school property, then he was armed when he drove onto school property.

It was trespassing because such activities are covered in student handbooks, so he was informed at some point.

I have no idea about grand theft or criminal mischief.
 

BlackPaladin

New member
Just to add some food for thought:

Life Skills schools are alternative schools for kids who have had multiple problems in regular schools. So at a minimum this kid had at least two juvenile hall-type incidents in his recent past. He wasn't an angel.
 

thehunterman

New member
Stupid ain't illegal, yet!

As you see I am from Lakeland. As much as I am pro gun as well as pretty much pro whatever you want to do as long as it does not bother me, this incident does bother me. First, I have a daughter in the Polk County School system (not this school) and I as well as you, if you were parents, would not like the idea of a student showing up at your child's school in a ballistic vest. Did he bring it for show and tell? My daughter brings her IPOD for show and tell. Law breaker, maybe not. Stupid, maybe so. Second point. I fully understand that we must defend our rights, and as this looks he might not have broken any laws, except the drug charges, (stupid still is not illegal) but do we as law abiding gun carrying citizens really want to hang our hat of injustice on someone like this young man?
 

FirstFreedom

Moderator
Yes, quite possibly:

and I as well as you, if you were parents, would not like the idea of a student showing up at your child's school in a ballistic vest

Why in the heck would you care at all? Is it somehow a dangerous instrumentality? :confused:

The only things he *may* have committed:
1. Illegal drug possession - but they still don't know - "believed to be" pot & cocaine - nothing proven yet. Given the fact that a field test can be done in 2 minutes to figure out cocaine, and pot is easy to identify, it's pretty obvious to me that this "believed to be" is a bogus allegation designed to smear his name - if they had a real suspicion, they would have added drug charges.
2. Criminal mischief - ok, great, if they have him on videotape defacing/vandalizing, and if that evidence was obtained legally (via a probable cause warrant or consensual search), then by all means charge him.

But if you commit 2 crimes, in our country, you ought not be charged with 10 other things that you didn't do.

As for pepper spray being an illegal weapon, no I seriously doubt it. In most southern states, it is legal. If it is against school policy, then he may have been trespassing, if he had actual knowledge of the policy, but what's with the other charges like grand theft? And what the hell is "armed trespassing"? There is no such thing. Either you're trespassing, or you're not. It irks me to no end that the police & reporters list a string of perfectly legal activities like longgun possession and ownerhsip of a gas mask (egad!), and an unproven and probably untrue smear allegation of drugs to tarnish his name and bolster their charges from the petty ones they were up to major ones, and make it a major story.
 

Yellowfin

New member
Maybe the other charges were charges from a previous incident that were suspended at the time and then reinstated now because he got himself into trouble again?
 

DonR101395

New member
In the video, the four of them allegedly defaced property around Polk county while a female laughed and videotaped.

The criminal mischief and theft charges stemmed from this^^.
They apparently stole a newspaper machine and video taped themselves shooting it as well as other stolen items.
 

FirstFreedom

Moderator
If that's the case, then I can admit to being wrong based on lack of reported facts in the story - kinda poor journalism skills, to omit that many facts.

The one question that remains (other than the mens rea necessary for trespass - which must be malum in se - knowing violation of the policy against pepper spray, if there is any at all, since he otherwise had permission as a student to be on campus grounds), is whether the search conducted which turned up the video and supposed drugs was obtained legally (either via consent or actual probable cause). So far I haven't seen any probable cause - him bragging to cops about shooing 1,000 rounds a weekend isn't probably cause to search his home for evidence of crime, since shooting off 1,000 rounds is not illegal. If the knucklehead consented to the search then tough luck - it may be possible that all current charges are indeed warranted - on the drugs, we shall see.
 

thehunterman

New member
Stupid + Stupid = Stupid

I simply can not believe that if you were dropping off your son or daughter at his or hers school and you suddenly noticed another student walking across the parking lot dressed in camo and wearing a ballistic vest some type of flag would not go up. And I do not think that flag would be, gee, I hope no-one gives that lad any trouble or second thought about what he is wearing, after all he is not breaking any laws. I would however assume, that if you were a reader of this blog, your intentions would be the opposite in that you would make every effort to determine what he was doing. I agree that the local media may have taken this a little to far but that is ratings. A couple of other factors also need to be taken into consideration. If you caught it, a man was arrested in Lakeland three weeks ago for sending several threatening e-mails to the coordinators of a high school reunion. These coordinators forwarded this information to Lakeland Police, who did not act on it. After another e-mail was sent the information was given to the Polk County Sheriff’s Department, who did act on it and found a substantial stash of explosives in his possession. This was an embarrassment to Lakeland Police. I am sure that they did not want another instance of “why didn’t you do anything” in the news. Bottom line is still, as with most people who would wear a vest to a school, STUPID!
 

Musketeer

New member
As mentioned here and in this more informative article there is much more to this than originally reported.

http://www.theledger.com/article/20071017/NEWS/710170537/1039

Weapons Cache Uncovered
Student Who Wore Armor to School Arrested

LAKELAND | An investigation that started when a student came to class wearing a bulletproof vest resulted in the arrest of an 18-year-old Lakeland man Monday night.

A Lakeland police officer questioned Shawn Keiffer Newberry, 18, about the vest on Oct. 3 at the Life Skills Center, 407 E. Memorial Blvd. When he didn't answer, a search of his vehicle turned up a can of Clear Out, a nonlethal tear gas-like spray.

During an interview with police, Newberry talked about tactical methods to defeat body armor, stating he trains every weekend using at least 1,000 rounds of ammunition, according to Sgt. Terri Smith.

Further investigation revealed Newberry has purchased body armor, a Taser, three AK-47s, a shotgun, Clear Out grenades with tubes for under-door deployment, a tactical helmet, a gas mask and about 2,000 rounds of ammunition since January.

Newberry's father, Mark McNeill, had turned over to Lakeland police firearms that belonged to Newberry.

At Newberry's home, 2108 Selkirk Lane N., police found many rounds of ammunition of various calibers and a video camera with images of Newberry, three other young men and a woman who appear to be doing target practice with AK-47s, according to Smith.

During one practice session, the target is a Ledger newspaper box. The video also shows the detonation of an explosive device, which was determined to have happened just off Winter Lake Road in south Lakeland, Smith said.

The State Attorney's Office has charged Newberry with armed trespassing, grand theft and criminal mischief.

and here is the rocket scientist we are talking about...

2007024694.jpg


Number Name RS DOB Entry Release
2007-025617 NEWBERRY, SHAWN KEIFFER WM 01/16/1989 10/15/2007
2007-024694 NEWBERRY, SHAWN KIEFER WM 01/16/1989 10/06/2007 10/07/2007





Inmate Name: NEWBERRY, SHAWN KIEFER Release Date: 10/07/2007
Booking Number: 2007-024694 Booking Date: 10/06/2007
Race: W Sex: M DOB: 01/16/1989 Height: 506 Weight: 140

Location: TRANSFERRED TO BOOKING
Arresting Agency: LAKELAND POLICE DEPT.
Hold: N Hold for:
Disposition of Hold:

Charge Number: 1
Statute: 790.115(1) WEAPON OFFENSE-EXHIBIT FA DESTR DEVIC WPN SCH PROP/WI 1000
Charge on arrest docket: POSS WEAPON ON SCHOOL GROUNDS
Bond Type: SBN Bond Number: A062003244
Purge Number: Purge/Bond Amount: 5,000.00
Surety: 0.00 Cash: 0.00 Bond Exp.: SBN/PTR A062003244 $5000.00
How Released: SBN/PTR
Upgrade/Reduction:

Inmate Name: NEWBERRY, SHAWN KEIFFER
Booking Number: 2007-025617 Booking Date: 10/15/2007
Race: W Sex: M DOB: 01/16/1989 Height: 506 Weight: 140

Location: CENTRAL COUNTY BLD 3 DORM A
Arresting Agency: POLK COUNTY SHERIFF
Hold: N Hold for:
Disposition of Hold:

Charge Number: 1
Statute: 810.09(2C) TRESPASSING-PROPERTY ARMED
Charge on arrest docket: ARMED TRESSPASS ON LAND
Bond Type: Bond Number:
Purge Number: Purge/Bond Amount: 0.00
Surety: 500,000.00 Cash: 500,000.00 Bond Exp.: PTR IF BONDS
How Released:
Upgrade/Reduction:

Charge Number: 2
Statute: 812.014(2C1) LARC-THEFT IS 300 OR MORE BUT LESS THAN 5000 DOLS
Charge on arrest docket: GRAND THEFT
Bond Type: Bond Number:
Purge Number: Purge/Bond Amount: 0.00
Surety: 100,000.00 Cash: 100,000.00 Bond Exp.: IF BONDS PTR
How Released:
Upgrade/Reduction:

Charge Number: 3
Statute: 806.13(1B1) DAMAGE PROP-CRIM MISCH-200 DOLS AND UNDER
Charge on arrest docket: CRIMINAL MISCHIEF
Bond Type: Bond Number:
Purge Number: Purge/Bond Amount: 0.00
Surety: 5,000.00 Cash: 5,000.00 Bond Exp.: IF BONDS PTR
How Released:
Upgrade/Reduction:
 
If all the other evidence, including the mace bomb in his trunk, was found because they singled this kid out for wearing body armor...

If he were to show that wearing a vest is not enough to be considered "armed", would the rest of the evidence be inadmissable?

Probably not... The exclusionary rule has been gutted.

The doofus is 18 isn't he? Why are they beating on the rifles and ammunition as if they were illegal?

Charge Number: 1
Statute: 790.115(1) WEAPON OFFENSE-EXHIBIT FA DESTR DEVIC WPN SCH PROP/WI 1000
Charge on arrest docket: POSS WEAPON ON SCHOOL GROUNDS

To me that looks like he has been charged with having a "FA" "destructive device weapon". That does not sound like a forbidden pepper-spray charge. Did he have a RPG rocket that nobody bothered to mention or are they trying to stick him with a NFA charge for a can of pressurized hot sauce?

Some god-awful reporting in these articles.
 
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