The two San Benito High School students arrested last week on
suspicion of plotting an attack
”
scenario
”
on the campus have been charged by the district attorney’s
office in connection with the allegations.
The two San Benito High School students arrested last week on suspicion of plotting an attack “scenario” on the campus have been charged by the district attorney’s office in connection with the allegations.
District Attorney Candice Hooper confirmed her office charged the two male students, ages 14 and 15, on suspicion of two felony counts – possessing a destructive device at a school and possessing a substance with intent to make a destructive device. Prosecutors also charged the 14-year-old on suspicion of possessing a knife, a misdemeanor.
Hollister police arrested the two students Jan. 25 after a concerned classmate reported to the school that the 14-year-old had been in possession of explosive powder and a weapon on campus. Investigators later determined the student also had diagrams for making bombs, a list of equipment to obtain such as firearms and ammunition, and other writings, according to police.
The 15-year-old student was linked to the scenario and the weapons and explosives, police alleged.
The two suspects next week are set to appear in San Benito County Juvenile Court, which is not open to the public, at what’s called a jurisdictional hearing. It is similar to an arraignment in adult court at which charged suspects are read their rights and can enter their pleas, Hooper noted.
Regarding the status of the case, specifically the type of powder used, Hooper said she believed police had not yet determined its severity.
“I don’t believe they have tested the powder yet,” she said.
Police spokesman Sgt. David Westrick did not return phone calls before publication to confirm if there are additional details available in the investigation, but Hooper confirmed there had not been anymore arrests in the case and there were no more suspects, she said, “to my knowledge.”
Hooper did stress she thought that San Benito High School officials responded appropriately.
“It would be nice to put something in there with respect to the quick response from the school,” she said. “Truly, I believe they handled it well.”
School officials first addressed the matter publicly and with staff Friday – four days after the arrests – following police officials’ release of information to the media about the allegations.
Superintendent Stan Rose has said school officials decided to hold off on informing staff, students and parents “just to be sure what we were going to be talking about and whether it was the right thing to do, to be in touch with parents.” He had said saying something false could “make things worse.”
The public at this point, meanwhile, will not have direct access to the court proceedings because they are closed. Exceptions are made “very rarely” and involve going through many “hoops,” Hooper said.
The following are the California Penal Code sections for the two felony charges they face:
12303.2: Every person who recklessly or maliciously has in his possession any destructive device or any explosive on a public street or highway, in or near any theater, hall, school, college, church, hotel, other public building, or private habitation, in, on, or near any aircraft, railway passenger train, car, cable road or cable car, vessel engaged in carrying passengers for hire, or other public place ordinarily passed by human beings is guilty of a felony, and shall be punishable by imprisonment in the state prison for a period of two, four, or six years.
12312: Every person who possesses any substance, material, or any combination of substances or materials, with the intent to make any destructive device or any explosive without first obtaining a valid permit to make such destructive device or explosive, is guilty of a felony, and is punishable by imprisonment in the state prison for two, three, or four years.
