VA-ALERT: Charges dropped, student released

Looks like the officer overreacted and falsely charged Corey Benton
with having a loaded firearm on K-12 school property (18.2-301.1).

Today the Commonwealth Attorney for Norfolk dropped the charges
against Corey and he is free.

HOWEVER, the arrest will be on Corey's record, forever blemishing it,
unless he has it expunged.

Any Norfolk area attorneys out there who would be interested in
helping Corey get the charges expunged? Or perhaps to sue Norfolk
for false arrest? Let me know if you can help.

Here is reporter Matthew Roy's story from this morning. (The article
was written last night, so Matthew did not know that the charges were
being dropped today.) Matthew emailed me this morning after the
hearing to let me know that the charges had been "nollo prossed"
(dropped). Thanks for the Virginian Pilot and Matthew for staying on
top of things:

http://tinyurl.com/og5hc

Norfolk student charged with having rifle to be freed
By MATTHEW ROY, The Virginian-Pilot
(c) May 5, 2006
Last updated: 11:04 PM

NORFOLK - A high school student charged Monday with possessing a
firearm on school grounds was expected to be freed from jail today
after people active on different sides of the gun debate questioned
his arrest.

Corey D. Benton, 19, of Tuttle Avenue, was charged when authorities
found an unloaded rifle in the trunk of his car at Lake Taylor High
School, police said. He was charged with felony possession of a
firearm on school property and has been held without bond in Norfolk
City Jail.

However, state law allows people to have unloaded guns in vehicles on
school property in a "closed container," including a locked trunk,
according to people questioning the case, and a review of the law in
question, section 18.2-308.1 of the Code of Virginia.

Pam Pouchot, chairwoman of the Virginia Committee for Gun-Free
Schools, and Philip Van Cleave, president of the Virginia Citizens
Defense League, which supports the right to bear arms, have contacted
Commonwealth's Attorney Jack Doyle.

"There's a grand assumption that guns are illegal on school property,"
Pouchot said . "But it's just not accurate."

Pouchot said that, based on what police have said about the case,
Benton had not broken the law. Van Cleave agreed.

"Based on what information we have, we feel this whole thing is
improper, is incorrect," he said.

"He didn't break the law," said Marsha Fink, an assistant public
defender appointed earlier this week to represent Benton.

Doyle said Benton was expected to be released today on a personal
recognizance bond. He further said that if the facts do not support
the charge, his office will move quickly to dismiss it.

Even if it is dismissed, Benton still faces possible school sanctions.
Norfolk schools do not allow students to possess weapons - not even
toy guns - and expulsion can result.

Officer Chris Amos, a police spokesman, said Monday that security
officials noticed Benton because he drove off school grounds, and then
returned around 8:30 a.m. Amos said they asked to search the vehicle,
and Benton told them he had a rifle in the trunk.

Authorities confiscated an unloaded rifle, and also found a clip of
ammunition, Amos said. Nothing indicated that Benton planned to harm
anyone, Amos said.

Amos declined Thursday to comment on the decision to charge Benton.

Benton's foster mother, Charlene Rankin, said that he's a senior. She
said he is respectful, employed and is not prone to trouble. After his
arrest, one of Benton's former teachers called her and offered to be a
character witness, she said.