AKRON, N.Y. — The Akron Central Schools this week filed a motion under New York’s “red flag” gun law after a middle school student threatened to kill himself, his parents “and every human in sight at the school,” according to documents obtained by 2 On Your Side.
In response to an inquiry by 2 On Your Side about the incident — which occurred last month — Superintendent Andrea S. Kersten on Friday issued a letter to parents saying that the student “was immediately removed from school and is no longer in attendance.”
An attorney for the district filed documents in the State Supreme Court for an “extreme risk protection order,” which is part of the state’s “red flag” law that allows police to seize firearms in certain cases.
The application for the ERPO – which contained sensitive information about the student and specificity about the threats – was meant to be filed under seal, attorneys said, but was mistakenly posted publicly.
2 On Your Side is not identifying the student — or his family members who are cited in the documents — because the student is 12 years old.
The student “claimed he gets so mad that he wants to kill people,” according to court records. “He provided this example: If he were to ask his parents if he could bring a gun to school and if they said no, he would shoot his parents, then come and shoot every human in my sight at school.”
Kersten’s statement said “immediate action was taken” and the district consulted with Akron Police and the Erie County Sheriff’s Office.
“After discussion with law enforcement, it was determined that no imminent threat existed,” the statement said. “However, as the situation unfolded and additional facts were learned, it became evident that the district had a responsibility to file an Extreme Risk Protection Order (ERPO) which prohibits the possession of firearms in the home."
The student’s parents had five rifles in their home, court documents stated, though they “were technically owned by his" family member. A March 23 letter from a local gun store and additional records state that the family “gave their older son’s firearms” to the store, which might transfer the weapons to a family member.
But school attorneys wrote that “there is no court order preventing anyone from purchasing additional firearms and bringing them into (the student’s) home.” Court records also state that the student “has access to firearms kept in an unsecured wood case” at another relative’s home.
2 On Your Side spoke briefly with the student’s mother, who said she would consult her attorney. The attorney, Carolyn Nugent Gorczynski, did not respond to a message seeking comment. Attorney Julia Hilliker, who represents the district, said she could not comment because the records were sealed by State Supreme Court Justice Betty Calvo-Torres.
A school district memo said the student was agitated by a class discussion, a missed assignment and the fact that it was "loud and overwhelming" in the school cafeteria. The memo noted “risk factors” but also stated that the student had an "extremely involved and supportive family" and that he recently started counseling. On March 14, the school conducted a "baseline threat assessment" where the student was “calm”, “composed” and “level-headed.”
On Friday afternoon, the documents were sealed on the state court website, so it is unclear whether Calvo-Torres granted the ERPO request.
Kersten, the superintendent, declined an interview request but issued the following statements below.
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