Sunday, September 15, 2013

Cedar Creek Student Acquitted of Charges in Attempting to Possess a Weapon, Files Tort Claim

Cedar Creek Highschool; Credit Press of Atlantic City
Cedar Creek student Kevin Jones Jr., 17 of Galloway Township was arrested in December 2012 for allegedly possessing ingredients to make a bomb has filed a Tort Claim against several agencies, including Galloway Township Police Department. 

Agencies listed in Tort Notice Filed
According to Galloway Patch, "Investigators from the Galloway Police Department were joined by the Atlantic County Prosecutor's Office at the student's home on the 300 block of East Spencer Lane, police said. They found several items, including electronic parts and chemicals that could cause an explosion when mixed together, police said."
Jones was charged with possession of a Destructive Device and sent to Harborfield Detention center. Jones was also charged with a second crime of Attempting to Possess a Weapon. The second charge was subsequently dismissed by Judge Jackson after the trial began on May 21, 2013 and May 22, 2013. 
Ultimately on May 22, 2013, according to the Notice of Tort Claim, Judge Jackson found Jones not guilty of all of the charges against him. Judge Jackson ruled that Jones did not have the requisite malicious intentions needed to substantiate the charges and that even at completion the device would not constitute a weapon. 
The notice states Jones was a student with disabilities who was classified as Other Health Impaired for Attention Deficit Disorder and was included in a Individualized Educational Program, also known as an IEP. The notice further stated, Cedar Creek High School which is a magnet program for Engineering, Jones was a gifted child in the areas of chemistry and engineering.
As part of the claims listed, it is alleged as a direct result of the defendants actions and inactions, Jones and his family were subjects of news media coverage, pictures and live news feeds of their home was printed, distributed on the internet, newspapers and through television coverage. It is also alleged that Jones was a victim of cyber bullying and harassment, intimidation and bullying by school personnel. 

A Notice of Tort Claim is a notification that a Lawsuit may be filed against those agencies. To date, a lawsuit has not been filed against the Township. 
Jones is scheduled to return to Cedar Creek High School in September of 2013. 


Anonymous said...

sounds like the school decided to be judge, jury and prosecutor against this boy, and I agree, for something "non-school" related... I can only assume a verbal conversation of some sort must have taken place while this child was being questioned/detained at school about a drawing, that would lead them to feel it was warranted to call the police and bomb squad? It seems like we aren't being told the whole story about what brought about this action, but then, a child should not be interrogated as such without a parent being present. If he didn't do anything that directly "broke the law" what happened to innocent until proven guilty, and why be expelled from school? I generally frown upon reading yet another "lawsuit" story, but it seems justified. Unfortunately no amount of money will erase what this boy and his parents have been thru, hopefully he can finish his last year of high school with a positive outcome, and a formal apology from the school district!

mikegrb said...

I'm really happy to see him cleared. When the original story broke I wasn't very pleased with what I felt at the time was over reaction. I'm happy to see I was right but as a resident, I'm worried about the financial impact a suit would bring.

I'm no legal scholar but from reading the tort claim, it seems that most of the blame should be placed with the school. Certainly none of this would have happened if they had behaved appropriately in the first place and their behavior after the original incident, if the tort claim is true, is appalling.

Anonymous said...

Since this young man was "suspended" from school and there was an action initiated to "fire" (expel) him, without due process, it is only reasonable that ALL of these actors (teachers, school administrators, law enforcement officers and law enforcement prosecutors)must all suffer the same fate as this young man until they have their day in court just like he experienced.

It is clear that the real danger in that school is not "KJ", but rather are the adults who are employed by the school, the township, the county and the State. They must all be suspended - without pay - and kept away from our students and citizens because they, too, appear to create a "clear and present danger" to everyone that they are employed to protect.

In fairness, just like "KJ", they should be kept away from the population that they are sworn to protect until they are cleared or found guilty.

Anonymous said...

overzealous and stupid. maybe we should apply the anti bully laws to the school officials responsible for this travesty. They all need to be disciplined.

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