KENT COUNTY, Mich. — A Kent County Marine Deputy who left his duty weapon in a bathroom at Kenowa Hills High School that was later discovered by two students after hours will not face criminal charges.
Michigan's recently passed safe storage gun laws don't apply in this case, Kent County Prosecutor Christopher Becker said Wednesday morning.
A handgun was discovered by students in a Kenowa Hills High School bathroom on April 17.
The handgun was discovered in the bathroom after school hours by two students who quickly told school staff.
A Kent County Marine deputy had been teaching boater safety to students in the building when he left his firearm in the bathroom.
The loaded Glock firearm was found on top of a toilet paper dispenser in the large bathroom stall. Both students were adamant that they never touched the weapon, Becker said.
The prosecutor's office commended the students for doing the right thing, and said as the law is written, there are no charges to file against the officer.
"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 found 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 also 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 there is no basis for criminal charges against the deputy under MCL 28.429(3) for leaving his firearm unattended," Becker said in a written analysis of the law.
The Kent County Marine deputy was placed on administrative leave pending the outcome of the internal investigation.
In a letter sent home to parents, Superintendent Gerald Hopkins heralded the students' response upon finding the weapon.
"We are very thankful for the quick and highly responsible actions taken by the two students who reported this concerning discovery. Their swift action allowed administrators to take immediate measures to ensure a safe outcome," Hopkins wrote.
Similarly, it was a response KCSO Captain Joel Roon described as "picture-perfect."
"When the firearm was located, the student actually didn't touch it, left it right where it lay, he backed out of the area, and from a safe distance, he was able to contact an adult to come into the area who summoned the police to ultimately secure the firearm," Roon said.
The superintendent said that the results of the investigation will be shared by KCSO once it is completed.
"We understand that incidents like these can be alarming. KHPS and the Sheriff's Office want to assure you that we take safety very seriously and are committed to maintaining open communication with our school community. We appreciate your continued support and cooperation as we work together to ensure the safety of our school," Gerald wrote.
In addition to Roon's comments, KCSO also provided a short statement about the incident, saying the following:
"Around 4:25 PM yesterday evening, the Kent County Sheriff's Office responded to the Kenowa Hills High School after a firearm belonging to a KCSO Marine officer was located in the boys bathroom. Initial information is that the officer used the restroom and inadvertently left his firearm when he left.
The Kent County Sheriff's Office regrets this incident happened and has initiated a full investigation. The findings will be shared with Kenowa Hills School administrators."
Roon also said, however, the situation is a reminder to the sheriff's staff as they handle their weapons.
On top of the investigation into what exactly led up to the gun being left Wednesday, Roon said the office will now need to assess what they need to do going forward to stop this from happening again—accidental or not.
"Obviously, anytime something like this happens, we have to self-assess," Roon said. "We have to look at internal policies and procedures, laws, general practice, culture. We assess all of these things to make sure that we have the pieces in place to prevent something like this from happening again."
"We're thankful for a safe outcome in this case, and we're gonna do everything we can to make sure it doesn't happen again," Roon said.
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