Massachusetts’ highest court says that a juvenile judge ruling to continue a case without a finding — meaning dismissal if the person stays out of trouble for a defined period of time — is appropriate even in cases involving firearms offenses in schools.
The order comes after the Suffolk District Attorney’s office appealed just such a ruling in the case of a juvenile found packing a pistol and ammunition in a fanny pack at Dearborn STEM Academy in Roxbury in 2022.
In that case, Boston Police responded one March 2022 morning to the Winthrop Street school, arrested the then-16-year-old boy and took possession of the 9 mm Glock Pistol and six ammunition that school security had already taken off him.
The boy faced delinquency charges of unlawful possession of a firearm, carrying a loaded firearm without a license, and unlawful possession of ammunition.
At juvenile court, prosecutors agreed to drop the ammunition charge in return for a plea. The teen pleaded but his attorney recommended continuing the case without a finding until the boy’s 19th birthday, according to Thursday’s Supreme Judicial Court decision. Prosecutors filed a written response saying such a finding was not allowed for the firearm charge.
The judge disagreed with the prosecution, saying that CWOF “is a lawful disposition for a juvenile who violates (that law).”
The prosecution appealed, saying that the wording of the statute outright forbids such a ruling for the charge, and the SJC took up the case.
The SJC agreed with the judge, saying that the wording of the law actually prevents such an interpretation for juvenile offenses.
The law, which is quoted in their order, says that the firearms offense is to be punished by time in the House of Correction instead of a CWOF, but that only means the main offense, the SJC writes, and not the delinquency version. A person facing a delinquency violation can only be committed to the Department of Youth Services as punishment — not jail or prison — and so the wording relied on by the DA’s office in its appeal clearly does not apply to them.
Further, the SJC order reasons, the CWOF order complies with the “the rehabilitative
goals of the juvenile justice system.”
After the juvenile court CWOF finding, the student was able to get readmitted to Boston Public Schools, where he graduated. He has since, according to the SJC, “completed numerous occupational trainings and worked parttime jobs.”
Want more insights? Join Working Title - our career elevating newsletter and get the future of work delivered weekly.
