Man Brings Guns And Ammo To Omaha High School

[FarmerRick]

http://www.kmtv.com/Global/story.asp?S=10434807

Man Brings Guns And Ammo To Omaha High School

Posted: May 27, 2009 09:14 PM

Omaha, NE - Police unloaded a shotgun and a firearm from a man's truck and put it into a cruiser.  The weapons are properly registered and they weren't fired at anybody.  The problem is the man pulled out the weapons in the front of a Westside High School campus building near 108th and Grover Street.  Students were there waiting for their parents.  "The students were pulled inside just for their safety.  We really appreciate the students taking the action that they did," said Westside Community Schools District Spokesperson Peggy Rupprecht.
More at the link  

 

[Rich B]

Shotguns have to be registered in Omaha?

[bullit]

Isn't a shotgun a firearm, too?

[Jay]

The reporting sucks as usual, and this story is just kinda weird.  Do they teach journalism any more?

[FarmerRick]

http://www.kfab.com/cc-common/podcast/single_podcast.html?podcast=ScottVoorhees.xml

Scott Voorhees talked to him and his lawyer yesterday.

We'll have to see how this plays out.


More:
http://www.wowt.com/home/headlines/46322317.html

UPDATE: Man Calls His Arrest a Misunderstanding      
Jeffrey Mell is accused of possession of a firearm on school property, disorderly conduct
 

An Omaha man is arrested for having a firearm on school property, the Westside Community Center at 108th & Grover. But the accused, 35 year-old Jeffrey Mell, says there's much more to the story than the initial police reports contained.

More at the link

[SBarry]

Someone get a phone number or email address for the county or city attorney, offices. Time for a NFOA firemission to bombard them with our opinion on his arrest. If that does no good, maybe a collection for his defense.

[Dtrain323i]

Was he in the parking lot or in the street?

[FarmerRick]

Someone get a phone number or email address for the county or city attorney, offices. Time for a NFOA firemission to bombard them with our opinion on his arrest. If that does no good, maybe a collection for his defense.

mconboy@ci.omaha.ne.us  Omaha City Prosecutor Marty Conboy


Paul Kratz, City Attorney, (402) 444-5115   pkratz@ci.omaha.ne.us

Advises and represents the City and its various departments in a wide range of legal concerns. The department represents the Mayor and the City Council on legal matters, in addition to representing the City in litigation and prosecution in the various State and Federal Courts.  In fulfilling these functions, the department provides written legal opinions when so requested by the Mayor, Council members, or the various departments; drafts and reviews ordinances, contracts, franchises, and other instruments for legal correctness; and performs any other duties as may be assigned by the City Charter, the Mayor, or the City Council.


The following commanders can be contacted by calling (402) 444-5600.

Eric Buske, Chief of Police
 
Alex Hayes, Deputy Chief
Criminal Investigations Bureau
   
David Baker, Deputy Chief
Police Services Bureau

[FarmerRick]

If Mr. Mell is telling the truth about all of this, he should not have been arrested at all.

From the NE state statutes:
28-1204.04 Unlawful possession of a firearm on school grounds; penalty; exceptions; confiscation of certain firearms; disposition.  (1) Any person who possesses a firearm in a school, on school grounds, in a school-owned vehicle, or at a school-sponsored activity or athletic event shall be guilty of the offense of unlawful possession of a firearm on school grounds. Unlawful possession of a firearm on school grounds is a Class II misdemeanor. This subsection shall not apply to (a) the issuance of firearms to or possession by members of the armed forces of the United States, active or reserve, National Guard of this state, or Reserve Officers Training Corps or peace officers or other duly authorized law enforcement officers when on duty or training, (b) firearms which may lawfully be possessed by the person receiving instruction, for instruction under the immediate supervision of an adult instructor, or (c) firearms contained within a private vehicle operated by a nonstudent adult which are not loaded and (i) are encased or (ii) are in a locked firearm rack that is on a motor vehicle. For purposes of this subsection, encased shall mean enclosed in a case that is expressly made for the purpose of containing a firearm and that is completely zipped, snapped, buckled, tied, or otherwise fastened with no part of the firearm exposed.

[Dan W]

Rick I agree that the possession charge is bogus, unless they can prove that he did brandish a shotgun. BUT they did not charge him with brandishing or assault with a deadly weapon. Maybe that is where the disorderly conduct comes in?

[SBarry]

Mell says around 3pm Wednesday, he followed his daughter's friend to the parking lot of a District 66 building, which houses a career and community center.


Property owned by the school, but not a school, and isn't school out?

A man looking out for his daughter, trying to keep her from becoming a juvenile delinguent, and he is the one in trouble? Only in the Peoples Democratic Republic of Omaha.

I know if I was in his shoes, there would have been more than a flashlight in my hand, like maybe homeboy's throat.

Email sent to the address Rick provided above, we need to flood them, let them know this isn't right. I tried calling the Chief of Police, but he's out till monday.

[Dan W]

Even if it was a legitimate school, the law quoted above  should have cover  him unless he removed a firearm from its storage place.

  Dear Sir:

Can you give a justification for the arrrest of Mr Mell in light of the current state law controlling this issue of firearm possession on school grounds?

28-1204.04 Unlawful possession of a firearm on school grounds; penalty; exceptions; confiscation of certain firearms; disposition.  (1) Any person who possesses a firearm in a school, on school grounds, in a school-owned vehicle, or at a school-sponsored activity or athletic event shall be guilty of the offense of unlawful possession of a firearm on school grounds. Unlawful possession of a firearm on school grounds is a Class II misdemeanor. This subsection shall not apply to (a) the issuance of firearms to or possession by members of the armed forces of the United States, active or reserve, National Guard of this state, or Reserve Officers Training Corps or peace officers or other duly authorized law enforcement officers when on duty or training, (b) firearms which may lawfully be possessed by the person receiving instruction, for instruction under the immediate supervision of an adult instructor, or (c) firearms contained within a private vehicle operated by a nonstudent adult which are not loaded and (i) are encased or (ii) are in a locked firearm rack that is on a motor vehicle. For purposes of this subsection, encased shall mean enclosed in a case that is expressly made for the purpose of containing a firearm and that is completely zipped, snapped, buckled, tied, or otherwise fastened with no part of the firearm exposed.


I await your response,

Thank you

Dan W

[SBarry]

Marty Conboy III responded to me today. Here it is.

"I have not heard his side of the story, and his attorney is working on presenting his pitch.  Right now I have a guy at a school angrily waving a gun around.  I have no reason to doubt the witnesses accounts his incident, though I do not have all the reports.  It seems clear even from your account that he might have been agitated and angry, and he went to the school looking for the people causing that with his guns.  That much seems consistent with every version of the events I have heard, including yours."


This guy is a tool. With every youth having a cell phone with video camera, why no video to support the charges?