Student who used pepper spray in fight faces expulsion

[jnelsoninjax]

JACKSON ? A 16-year-old student who used pepper spray when two girls started a fight with her Thursday will face an expulsion hearing.

The two other students, a 17-year-old and an 18-year-old, involved in the fight have been suspended but will not face expulsion, said Jackson Public Schools Assistant Superintendent Ben Pack and T.A. Wilson Academy Principal Deven Moore.

"A fight in school is one thing. ... The law is another," Moore said of the girl who used the pepper spray. "She should not have possessed that in the first place, let alone used it."

Moore said the two students accused of fighting are not being charged with assault. The fight started over issues at school between the three girls.

The pepper spray violated a zero-tolerance policy the school has on bringing any sort of weapons to school, Pack said. State law designates schools as weapons-free zones and requires expulsion for students caught in violation.

Jackson police officers went to T.A. Wilson just before 2 p.m. Thursday, said Deputy Chief John Holda. No one was injured, and no one was arrested.

Source

[Brandon H Supervisor]

I call BS, Pepper Spray isn't a weapon, it's a tool of self-defense that is VERY non lethal

[ShMaunder]

How else does one defuse a situation like this then. The school probably tells their students to talk it out - doesn't work like that though.

[jakem1]

I call BS, Pepper Spray isn't a weapon, it's a tool of self-defense that is VERY non lethal

Nonsense. It's a weapon.

[shakey]

Pepper spray is a self defense tool, not lethal, and it was actually used... gasp.... in self defense. This kid should get a good lawyer, cause I smell a possible case.

[DocM]

The case is from Michigan, and this school has no legal legs to stand on.

While Section 1311 of Michigan law does say a school is a weapons free zone and you can be expelled for possessing a "dangerous weapon," Section 1313 of Michigan law clearly defines a "dangerous weapon" as

(4) As used in this section, ?dangerous weapon? means a firearm, dagger, dirk, stiletto, knife with a blade over 3 inches in length, pocket knife opened by a mechanical device, iron bar, or brass knuckles.

I don't see pepper spray anywhere in the list, so the school is screwed, glued and tattooed as soon as she gets a lawyer.

[shakey]

The case is from Michigan, and this school has no legal legs to stand on.

While Section 1311 of Michigan law does say a school is a weapons free zone and you can be expelled for possessing a "dangerous weapon," Section 1313 of Michigan law law clearly defines a "dangerous weapon" as

I don't see pepper spray anywhere in the list, so the school is screwed, glued and tattooed as soon as she gets a lawyer.

Exactly. And to deny citizens themselves the ability to defend themselves is so stupid.. I don't want to even get started on that road.

This would be a whole different story if she was just walking around spraying people at random. But she used it for its intended purpose.

[DocM]

Also, this from the Michigan State Police site -

http://www.michigan.gov/msp/0,4643,7-123-1586_27094-10953--,00.html#OTHER_WEAPONS__NON_PISTOLS_

1. In Michigan, can I carry a self-defense spray in my car or on my person for protection??

MCL 750.224d ? ?Yes, but only if it is either:?

Not more than 35 grams of any combination of orthochlorobenzalmalononitrile and inert ingredients (CS gas); or?

A solution containing not more than 10% oleoresin capsicum (pepper spray) and is used in the protection of your person or property which would justify the use of physical force. It cannot be sold to a minor.

As long as it was legally purchased by an adult she's clear as far as posession goes.

[TheLegendOfMart]

Holy crap, when I was a kid I either fought back or took a beating, what kid carries a pepper spray around school??????

[DocM]

These days - a smart one. Ever see the rape & felonious assault statistics? Things are a whole lot different than when we were kids.

[TheLegendOfMart]

Rape at school?

[kizuran]

Rape at school?

You better believe it. :(

There was an incident when I was in high school when a quite-possibly sociopathic "acquaintance" of mine was "suspected" of attempting to sexually assault another female friend of mine. He may have not succeeded (thank the heavens he didn't), but all of the people who interacted with him on a regular basis knew he was not wrongly implicated (he was that kind of ******).

Needless to say, that guy was quickly booted from our school, and was promptly placed in juvenile detention/group home(s).

[DocM]

Rape at school?

According to the FBI Uniform Crime Report 8% of reported forcible rapes occured on school property. How many more were not reported is unknown, but some estimates say 50% of rapes go unreported.

Sad, but true.

[bjoswald]

Were they supposed to talk it out?

Doesn't work that way.

Tattle on them?

Nope, they'd get their ass kicked again.

Fight back?

Nope, they'd just get expelled anyway.

I say take it to court and fight it with everything you have. Sickening how they try to walk all over you

for defending yourself. In my opinion, you start a fight, you forfeit your rights. Don't like it? Don't throw

the punch.

[Original Poster]

I see alot of stories but none of them with an ending.. I would like to hear the ending development of these cases