GRAND RAPIDS, Mich. -- The Kent County Prosecutor's Office says no criminal violation was committed April 17th when a Kent County Sheriff's patrol deputy accidentally left a loaded Glock handgun in a men's restroom at Kenowa Hills High School.
Two teenagers spotted the gun in a bathroom stall. But because they never touched it, prosecutors say no crime was committed. The students reported the weapon right away to an adult staff member.
Here are more details from a news released issued Wednesday by the Prosecutor's Office:
On Wednesday April 17, 2024 Kent County Sheriff's Deputies were dispatched to Kenowa Hills High Schoo! on a report that a firearm was found inside of a men's restroom in the school. The weapon was found to be a loaded Giock handgun with a flashlight mount, and the gun was found on top of a toilet paper dispenser in a bathroom stall. Deputies made contact with two juvenile students who had reported finding the gun to school administration. Importantly/ both students indicated that they never touched or possessed the weapon at any time. Upon review of the video in the hallway outside the men s bathroom where the gun was found, at approximately 3:01 PM a Kent County Sheriff's Marine Patro! Deputy is seen going into that bathroom. The deputy was in the school that day teaching a boater's safety class.In the footage, a gun is observed in his bolster when he enters the restroom. The same deputy exits the restroom at 3:10 PM and the gun is not observed in the bolster. The first student who reported the gun in the restroom is seen entering at 3:58 PM, he exits one minute later and is seen speaking with the second student outside the bathroom. Both students immediately reenter the bathroom at 3:59 PM and exit again at 4:00 PM, both proceed to the main office to find an adult. The first student indicated he had gone into the bathroom in the handicap stall to change clothes/ when he noticed the gun sitting on the toiiet paper dispenser. He went out and found the second student, who then entered the bathroom as wel!. The second student reported to deputies that he too saw the gun on the dispenser. Both students were adamant they never touched or moved the gun at any time while in the bathroom, there is no evidence that they possessed the gun, and they clearly never exited the bathroom with the gun. THE LAW Michigan recently passed "Safe Storage" Legislation regarding the proper storage of firearms where minors are or may be present, MCL 28.429. Under subsection (2) of that law, "An individual who enters onto the premises of another individual, stores, or leaves a firearm unattended on those premises/ and who knows or reasonably should know that a minor is, or is likely to be/ present on the premises, shall do one or more of the following; a) store the firearm in a locked box or container/(or) b) keep the firearm unloaded with a locking devise that is property engaged to render the firearm inoperable by any individual other than the owner or authorized user... There are various criminal penalties for violations of this act/ the lowest being a misdemeanor punishable by 93 days in jail and/or a fine of not more than $500, if the person fails to secure the weapon as indicated and two things occur; (1) A minor obtains the firearm, and (2) The minor either possesses or exhibits the firearm in a public place, or possesses or exhibits the firearm in the presence of another person in a careless, reckless, or threatening manner. ANAYLSIS There is no criminal violation to prosecute here due to the fact neither juvenile possessed the weapon at any time. The two kids are to be commended on how they handled this situation; upon seeing a gun in a bathroom stall/ they never touched the weapon and promptly fount an adult to report it. This is exactly what any child should do under these circumstances. Under the law as written, for a criminal violation under these circumstances, it is not enough to simply leave a firearm unattended; a minor must also obtain that firearm and then exhibit it in a public place or in the presence of another person in a careless/ reckless/ or threatening manner. For example, had one of the kids taken the firearm out of the bathroom and carried it down the school s hallway—i.e. in a public place—the deputy would have been subject to criminal charges under MCL 28.429(3). Likewise, the deputy could have aiso been subject to criminal charges if one of the students, inside the bathroom, picked up the firearm and exhibited to the other in a careless/ reckless/ or threatening manner. As it stands/ however, both kids reported they never touched the weapon which means that there is no basis for criminal charges against the deputy under MCL 28.429 for leaving his firearm unattended.
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