BamaD
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FRWe charge [people] with everything that we feel they are guilty of, and in this case, he is guilty of a felony," Harold Specht, the chief assistant prosecutor at the Ashtabula County prosecutor's office, told HuffPost.
Specht said the charge is related only to the knife found inside Wiser's vehicle. The teen is not facing charges for possession of the stun gun or the Airsoft guns.
"I was in jail for almost 13 days," Wiser said. "The first bond hearing I went to was on December 15. The judge ordered me [to be] held on a half million-dollar bond, pending a psychological evaluation. I did that and passed. They found I was not suicidal, homicidal or a threat to anybody. My attorney brought it up in front of a different judge, who let me out on a $50,000 bond and an ankle monitor. I was released from jail on Christmas Eve."
Wiser acknowledges he should not have had any of the items on school property and said he is willing to accept punishment for that; however, he does not feel a felony charge is fitting, considering the circumstances.
"There are kids at my school all the time who get caught with knives and are suspended," he said. "My school is very rural, and people carry knives. I can accept the fact that there was a lapse in judgment, and I can accept a punishment, but I have already been expelled from both the tech school and my home school. The Army -- I was enrolled in the Future Soldiers program and was scheduled to ship out in August -- has discharged me, pending a not guilty verdict or dropped charges without prejudice."
A VIDEO FROM WISER'S YOUTUBE PAGE: (Story Continues Below)
Wiser said the conditions of his bond also prohibit him from having any contact with his grandfather, who is dying from cancer.
"The one judge I went in front of told me to remove any firearms from my parents' house and put them at my grandpa's house," Wiser said. "The next judge freaked out about me even knowing what a gun is and put a no contact order against me and my grandparents. My grandfather is dying right now, and I am not allowed within 500 feet of him."
Specht said his office believes the felony charge is justified and has no plans to reduce the charge.
"There are all these school occurrences where people are shot, people are killed by other students," Specht said. "We see it every day … so we don't take these things lightly. … We have to be sure that we don't have a potential for something like that to happen here."
Wiser said he takes offense to the comparison.
"I was enlisted in the Army and went to school to be [a] police officer and fireman," he explained. "Why are they trying to paint me as a potential school shooter? I never had any intentions of hurting a soul."
Wiser's attorney, William Bobulsky, did not return calls for comment from HuffPost.
There was a petition on change.org that demanded the charges be reduced to a misdemeanor. Within 48 hours, the petition garnered 1,349 signatures; however, Wiser said he had to ask that the petition be taken down.
"The court threatened to hold sanctions against me and my lawyer," he said. "I guess the prosecutor was upset because his inbox had been flooded with emails as a result of the petition."
Specht admitted he is aware of the controversy surrounding the case, but he believes he can prove the justification behind the charge when it goes to court.
"I know that there's a load of people out here that just think we're the devil because we're allegedly ruining this young kid's life, and that's not the case at all," he said. "If this goes to trial, it will certainly come out in the wash."
Wiser is scheduled to appear in court again on April 1 for a pretrial hearing. A jury trial is tentatively scheduled for June 11.
Attorney Colin Maher, owner and managing member of The Maher Law Firm in Columbus, Ohio, said the case could go either way once it is given to a jury.
"[Would] a jury consider a four-inch knife as a weapon? I think it would be difficult…but with a jury, you never know," Maher conceded.
For now, Wiser's future remains in the balance.
"Never in my life did I think this would happen," Wiser said. "I dedicated my life to public service, and now a four-inch pocketknife could ruin everything."
sorry I seem to have posted the last half of the Huffington story in the wrong thread
here it is, this explain why ks didn't know about it.
_____________________________
Government ranges from a necessary evil to an intolerable one. Thomas Paine
People don't believe they can defend themselves because they have guns, they have guns because they believe they can defend themselves.
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