Michael Grice,not charged for bringing guns on school property
AMARILLO,TEXAS -- The teenager arrested after officers found two handguns, a baton, drug paraphernalia, and a bulletproof vest in his car at Tascosa High has been let go.
Originally Michael Ray Grice, 17, was booked into potter county jail for possession of a weapon in a prohibited place, a third degree felony.
But he was released when the District Attorney said he could not prosecute him. The D.A. said the Texas penal code's definition of the term "premises" does not include the parking lot.
"Nastassia's Question: So anyone can bring in loaded guns to school?" "Under the definition -- to the end of the parking lot. under the definition of the penal code as it stands now, yes," said Randal Sims, the 47th District Attorney.
Sims said it's all because of a 1997 amendment to the code, that purposely excluded the parking lot.
The theory was to not incriminate parents dropping off their children in rural areas with rifles in their trunks, but the Tascosa incident is the unintended consequence.
"There are ways you can have a weapon at school and definitely get arrested by law enforcement and be prosecuted. i'm not going to tell people the difference between the two, bottom lin, in my opinion, is weapons don't need to be up at the school," said Sims.
Sims did say, however, Amarillo Police are still expected to charge him for having the drug paraphernalia. AISD officials said, while they can't comment on a specific individual or situation, there is a disciplinary process that takes place when there is a violation of the student rules of conduct.
So we pulled out the student handbook to check it out, and the discipline for that action is expulsion for no more than one year.
