TRI In The News
Virginia Supreme Court Refuses to Hear Spotsylvania Spitwad Case
From Inside Nova
Original article available here
RICHMOND — The Supreme Court of Virginia has refused to grant The Rutherford Institute’s petition for rehearing in the case of a 14-year-old honor student who was suspended for shooting plastic “spitwads” while at school.
In December 2010, freshman Andrew Mikel II was kicked out of Spotsylvania High School for the remainder of the school year under a charge that the “spitwad” incident constituted “violent criminal conduct” and possession of a weapon.
School officials also referred the matter to local law enforcement for criminal prosecution. Although no one was harmed, the Spotsylvania County Circuit Court upheld the disciplinary action in May 2011.
The Virginia Supreme Court refused to grant the Institute’s initial request for an appeal. In asking the Virginia Supreme Court to reconsider hearing the appeal, Institute attorneys asked the Court to find that Andrew’s conduct did not constitute “violent criminal conduct” and that the school’s actions were irrational and violated the constitutional guarantee of due process of law.
