Students found with pellet guns not charged


By Holly Wells
Arizona Daily Wildcat
Thursday, September 16, 2004

Two Arizona/Sonora residents were seen shooting pellet guns in the parking lot of their residence hall Friday, but the students are not facing legal charges despite UA weapons policies prohibiting guns on campus.

According to reports, when UAPD arrived they found a car in the Arizona/Sonora parking lot with pellet guns in the front seat.

Police were able to find the two students based on the Resident Assistant's description of them, reports stated.

When police asked the students if they had weapons one said, "Yes, but in my truck - it's a BB gun."

Police confiscated the guns and took them back to the UAPD station. According to reports, police later advised the students of the UA's weapons policy and put the guns in the bed of one of the student's truck.

According to the UA Code of Conduct, a pellet gun is considered a weapon and anyone found with possession of a weapon on campus is subject to disciplinary action.

Jim Van Arsdel, director of Residence Life, said pellet guns are considered a weapon and are not allowed in the dorms.

But Van Arsdel said if a pellet gun was found in the parking lot of a residence hall the situation would be different.

"Every step away from a residence hall becomes a little bit grayer," he said. "It would depend on the situation."

UAPD Commander Kevin Haywood said police are still investigating why the students were not charged on the scene and will be doing a follow-up investigation.

Reports did not indicate whether the students were referred to the Dean of Students office.

Last year a student was shot in the leg with a pellet gun while walking near the La Paz Residence Hall. The student suffered a minor injury.

At the time, several windows in the La Paz dorm were also shot at with a pellet gun. No one was ever charged with the shootings.

Sgt. Eugene Mejia, UAPD spokesman, said he was not familiar with Friday's case because he had been out of town.

But Mejia said if police did not find evidence proving the students were using the pellet guns in a criminal way, than police might not have been able to press charges.

Using the guns in a criminal way would include using the guns against another student, disrupting the peaceful campus setting or using the guns as a threat, Mejia said.

"If it did not meet the criteria of the university standard of prohibited weapons then there's nothing we could do, we would just document it," Mejia said.