Zero Tolerance

Teen Jailed for Zero Tolerance Offense, Starved for 36 Hours

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Mosin nagant
Wikimedia Commons

I previously wrote about Alexander Chier, a Pewaukee, Wisconsin, 17-year-old who was disciplined by his high school for smoking a cigarette. This caused the police to search his vehicle, where they found his hunting rifle. Since the weapon was technically on school grounds, he was suspended and arrested.

Chier spoke with me via e-mail to relate his side of the story. There are no key details in dispute; even so, it's hard not to sympathize with the teenager, who was jailed for a night and denied food for 36 hours, according to his account.

"I had to spend a night in jail after the interrogation, and didn't receive food that I could eat for 36 hours," Chier told Reason. "You see I have life threatening food allergies to the point where legally I have a disability (Anaphylaxis to peanuts, nuts, milk and eggs). 1/8 of a peanut would have me dead in 10 minutes or less. I had 2 different physicians and my allergist call the Waukesha County Jail to convey this and I was still denied edible food."

Other pieces of new information: Chier was caught smoking an e-cigarette, not a regular cigarette, at school; the weapon found in his car was a "bolt action mosin-nagant from 1937," which he uses to hunt coyotes; and he voluntary granted the cops access to all his text messages and social media activity.

According to Chier, he turned himself over to the police, subsequently enduring a four-hour interrogation and a famishing night in jail.

Police agree that Chier was not planning to hurt anyone.

"We have no information at all that would have led us in that direction," a spokesperson for the Village of Pewaukee Police Department told Reason.

The good news is that Chier expects the charges to be dropped.

"Basically as long as I show up to my next court date and commit no crimes I'm a clear man," he said.

He is still suspended, however, and could be expelled. He's not happy about that, obviously.

"The fact that I'm facing expulsion in so extreme in every way," he said. "They will be punishing a hunter who made a mistake, had no ill intent, harmed no one, and never planned to do so; and if the Pewaukee Police Department and the State of Wisconsin both determined I am no threat to anyone I should be allowed to go back to school!"

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  1. Abuse? Neglect? Cruelty? Please.

    Just so we’re clear: HE SMOKED. A CIGARETTE.

    You know who else smoked cigarettes?

    1. Let’s be more clear he smoked an e-cigarette which as opposed to normal cigarettes doesn’t even allow the government to make claims about secondhand smoke Bla bla

    2. Not Hitler. He was very anti-smoking.

      1. Most Hitlers are.

    3. Our Dear Leader, Obumbles The Magnificent is a … dun dun dun Smoker.

  2. I was still denied editable food.

    There’s some food for thought.

  3. My question would be what was the school’s policy about e-cigarette’s since that’s obviously highly relevant

    Regardless assuming the fact pattern he claims is correct he was clearly mistreated in custody

    Before the usual bigot brigade blames the police id possibly check and see if he was in custody of the police or corrections officers who are completely different professions

    As for the rifle offense it’s pretty clear he was guilty even though it’s heartening to see that the courts are going to take intent into account and not punish him for the offense

    But as to the rifle thing he has only himself to blame if he brought a rifle onto a school campus which is created by law

    I have seen kids expelled for far less than committing a (felony?) involving a firearm on campus and let’s remember unlike many cases where schools discipline kids for stuff they do off-campus which is generally completely wrong in this case what he did was on campus

    So in brief yeah it appears he was mistreated but yeah it also appears he’s getting a pretty decent break for a crime he clearly committed

    In other words the story is about as non-exciting and minimally offensive as one could imagine in the day and age of modern schooling

    1. “Before the usual bigot brigade blames the police id possibly check and see if he was in custody of the police or corrections officers who are completely different professions”

      Corrections officers aren’t police.

      Police chiefs and top police bureaucrats aren’t police.

      Only a bigot would conflate the real, true-Scotsman police with those other people!

      1. No true Scot would schtup a sheep.
        McMintosh schtups sheep.
        McMintosh is no true Scot!

    2. “..it’s heartening to see that the courts are going to take intent into account and not punish him..”

      “…appears he’s getting a pretty decent break for a crime he clearly committed”

      He is not getting a break. They are dropping the charges because, sans mens rea, no crime was committed.

      1. You’re not seriously suggesting that a legal principle named in a language that’s today only spoken by Catholic priests has any place in a modern system of justice

        1. Works for the cops. They skate on crimes all the time because they lack mens rea. Doesn’t really apply to non cops, though.

        2. You mean legal principles like the Constitution’s prohibition on ex post facto laws? You want to drop that legal principle too?

        3. Gee, I learned Latin in high school. Don’t they teach Latin and Greek in public schools anymore?

          1. Oh, and the last Catholic Mass I attended was conducted in English.

      2. In this case “mens rea” wouldn’t mean intent to shoot someone, but only intent to posses on school grounds, which is a felony.

    3. Uh…they starved him for 36 hours and the alternative they gave him to not eating was an almost certain death.

      If that’s giving him a break I don’t want to live in a country where no breaks are given. I suspect such a world would look a lot like Midnight Express.

      I wonder: how did we survive back when the high school parking lots in most southern or rural school districts had dozens of hunting rifles in the students’ cars? I guess they must have purged all the massacres from the archives.

      1. I had a rifle rack in the back of my Jeep in high school, circa 1996. Managed to never kill anybody, accidentally or otherwise.

    4. Before the usual bigot brigade blames the police id possibly check and see if he was in custody of the police or corrections officers who are completely different professions

      “These are not the pigs you’re looking for.”- Obi Wan Dumphio

    5. The artist known Dunphy|9.29.14 @ 4:47PM

      “But as to the rifle thing he has only himself to blame if he brought a rifle onto a school campus which is created by law”

      What a heroic stance Dunphy. You never fail to imress.

      You are indeed, a self proclaimed “Hero of The Republic”.

  4. Worse editing/proofing than usual here.

  5. I realize laws in jurisdictions very but at least in my jurisdiction the police would not be called if somebody was smoking a cigarette on campus since that is not a crime but at most a civil infraction if the kid was underage

    But no matter what infraction he committed that would not justify the police searching his car in my jurisdiction

    Heck even if he committed a felony on campus in most cases that would not allow us to search his car and if we try to apply for a warrant it will be denied unless there was some strong Nexus between the car in the crime

    There are a myriad of advantages of course to living in a state that clearly recognizes a right to privacy in our state constitution

    1. This isn’t even good performance art. Just stop.

      1. Yeah. Whoever’s behind this sockpuppet needs to chill out.

        1. I don’t know, guys. It’s actually stupid and annoying enough to be him. Have an open mind.

  6. he voluntary granted the cops access to all his text messages and social media activity.

    What the hell does his social media activity have to do with smoking or even having a weapon on school grounds?

    1. Obviously it’s relevant to his intent vis-?-vis the rifle and it’s quite likely that by granting them such access this was instrumental in him essentially getting a walk on the weapons charge

      I realize the reason mentality is never cooperate but it’s likely this is a good example where by cooperating he was able to prove that he did not have criminal intent etc. etc. and as the article points out he did basically get a walk on the weapons charge

      Again intent is the essence of the law and as to the crime of bringing a gun onto campus whether he had violent intent or not is irrelevant but it’s highly relevant in a sentencing decision etc. since even evil courts do tend to view a relatively harmless error differently from one that involves the intent to hurt people

      I would hope he’s getting some kind of deal such that he will not have any sort of criminal record even if ajuvenile one and certainly nothing related to a felony

      Imagine this a guy gets a fair break from the courts and he’s not even a cop oh noes

      1. Let me be precise and say that the social media may not have proved he did not have nefarious intent but it least supported his claim thereby and it’s clear that in many cases where kids have engage in violent rampages on campus it’s very common for them to mirror there in 10 if not there etc. through social media

        Just like there are over a dozen different decision points and Ibert cop considers before he makes an arrest given that he has PC there are many many things a good prosecutor and or judge considers before deciding whether to prosecute how to prosecute what the sentence is etc etc.

        1. Never, never, never, talk to a cop.

          It never, never, never helps you. If you tell a cop something that he likes to hear he cannot help you in court because that will then be considered hearsay. If you say something that gives the cop a reason to arrest you, then the DA will use it against you.

          Never never, never, ever talk to a cop. You are in a no win situation. Even if the cop wants to help you in court he can’t say anything positive for you on the stand because that is then considered hearsay.

          Trying to talk your way out of getting arrested usually winds up hurting your defense attorney’s ability to help you.

      2. Oh so the cops were throwing their dicks around threatening a scared 17-year-old kid with serious time unless he consented to an otherwise-illegal search.

        With any luck that coerced compliance will convince them to go easy on him by not charging a kid who harmed no one and clearly had no intention of doing so with a crime.

        Who says the cops aren’t good guys?

        1. You’re talking to Tulpa.

            1. Seriously this Idiocy is getting old

              Regardless I am dunphyand my points are valid hope that helps

              Smooches

              1. Remember, kids, you can’t spell “The artist known Dunphy” without “we shit on truth”.

                1. ^^^Laughed my ass off!

              2. Seriously, this idiocy is getting old. It’s not funny. It’s not clever. Just. Stop.

                Fill in the blank: R T _ _

                Dunphy would know it off the top of his head. Don’t bother googling.

        2. You really are a moron it’s almost certainly not the cops decision here but the prosecutors and or the judges since juvenile court works a little bit differently as well

          The facts are that the kids getting a break for an apparent felony which due to the facts and circumstances here is a very good thing and yet the typical bigots somehow try to make it sound like it’s all about evil cops derp derp derp

          1. Really, you’re about 8% here 100% of the time, tulip.

          2. Plus, the kid didn’t get raped, so it’s a great day for freedom.

      3. “Obviously it’s relevant to his intent vis-?-vis the rifle and it’s quite likely that by granting them such access this was instrumental in him essentially getting a walk on the weapons charge”

        There’s no evidence that’s the case. They still had to prove intent with the weapons charge, but they had nothing. All this did was potentially provide them with ammo to crucify him. If one of his friends had decided to post something violent, or joke about how they were going to get someone, even if it had *nothing* to do with him, it could have been used to lock him up for years.

        Keep in mind you’re saying he should trust in the reasonableness of people that were searching his car because he “smoked” an e-cig. All the evidence he had at the time demonstrated that these people were fucking nuts and out to get him for nothing. The fact that it worked out in hindsight doesn’t prove it was the wise thing to do at the time.

      4. “even evil courts…”

        Not in New Jersey.

        Allen, who was stopped for a routine traffic violation on the Atlantic City Expressway, was arrested after voluntarily telling a state trooper that her purse contained a legally registered .38-caliber Bersa Thunder handgun.

        In August, Allen’s attorney, Evan Nappen, filed a motion to have the charge dropped, but it was denied by Superior Court Judge Michael Donio. The judge’s ruling provided Nappen with a kind of primer on “how things are done here in Atlantic County” with regard to such arrests vs. other parts of the state, where more leniency might be offered to first-time offenders such as Allen.

        Nappen argued that Allen “should not be turned into a felon and sent to state prison and have her life destroyed because she made a mistake and committed a victimless crime.”

        Neither Allen nor Nappen could be reached for comment Wednesday night.

        Prosecutor Jim McClain came under fire from gun-advocacy groups and defenders of Allen after noting that the case was being pursued as a deterrent and saying the charges were “too serious to warrant divergence” into the pretrial-intervention program.

        Gun-law advocates, anti-domestic-violence groups, and others attempted to draw parallels between McClain’s perceived leniency for NFL star Ray Rice, who was allowed to enter a pretrial-intervention program in an attack on his then-fiancee in Atlantic City, and his hard-line stance in the Allen case.

  7. “editable”

    i personally think the kid should have been ass-kicked just for this.

    1. Well, clearly he has access to a 3D printer that provides him with his nutritional needs. They would likely find that he prints his guns, too.

  8. As to social media there have been many many cases where an attorney suing the cops etc. has gotten access to the officers social media and used it against them

    People tend to make jokes that even though they often shouldn’t will come back to haunt themin a civil or criminal proceeding

    The kind of jokes people makeover dinner etc. but that never get recorded for posterity if they are on your Facebook page or comments can be used against you i

    In one case the cop had joked about getting some good training tips on use of force and civil rights from watching the movie training day

    In a criminal trial where he had seized a stolen gun from a convicted felon gang member if I recall the facts correctly, and it’s been a while so I may not be but it was something like that, essentially the defense attorney used that statement to impeach the cops credibility and suggest that he had planted the evidence etc. and the guy got a walk

    Whatever one thinks about the case remember a joke on the Facebook page was instrumental in the course of the case and for the commonsense perspective the cop making that joke does not mean he’s the kind of cop who would plant a stolen gun etc. on a gangbanger and of course it was nowhere near proof that he did but it was enough to create reasonable doubt

    Whatever your profession is unless you are self-employed and completely immunized from scrutiny there is a good argument for being a bit circumspect in what you post in social media

    1. Say what you like about the previously Dunphy, at least he wasn’t so in love with the sound of his own fingers hitting the keyboard.

      1. Yes he was. He was always the smartest person in the room, and he always liked to show it.

    2. I would love to match some of the comments on PoliceOne.com to an agency and badge number. That would really flush out the garbage. Might even get you a new career, Dumphy.

    3. The artist known Dunphy|9.29.14 @ 5:16PM|#

      “In a criminal trial….. the cop making that joke does not mean he’s the kind of cop who would plant a stolen gun etc. on a gangbanger and of course it was nowhere near proof that he did but it was enough to create reasonable doubt.

      As well it should. Proof was not needed to create reasonable doubt. People of convictions seldom, or never, make jokes about something they feel strongly against less someone think they really harbor those thoughts.

  9. You see I have life threatening food allergies to the point where legally I have a disability (Anaphylaxis to peanuts, nuts, milk and eggs). 1/8 of a peanut would have me dead in 10 minutes or less.

    You have severe food allergies…so you thought smoking was a good idea?

    1. Uh, it was an e-cig. Not sure what even a regular smoke would have to do with food allergies, but an e-cig certainly isn’t going to be a problem.

      1. Hey, I can’t be expected to read the entire article!

    2. Teenage boys tend to think themselves in pervious to harm

      As for those who use dangerous drugs although e-cigarette’s are certainly not particularly so, you will see all sorts of people with serious health conditions just as you will sometimes see fucking lung surgeons who smoke in between surgeries

      We are interesting beasts and part of our charm is we are not exactly rational in many respects

      1. Rational police officers, for example, would not stand for their fellow officers abusing and murdering the citizens they are sworn to protect.

        1. “Rational police officer” are three words that should never appear together except in the negative.

      2. Nicotine just isn’t all that dangerous*, without the tar and other combustion products.

        (* In the quantities involved here, that is, naturally.)

    3. Even if he had actually been smoking a REAL (the horror!) cigarette – WTF does one have to do with the other? And WTF difference does it make to the facts or morality of the case at hand?

      He has a good allergy, not emphesyma.

      1. * food allergy, not ‘good’ allergy

        Ah, the different one letter can make.

      2. I just thought it was a little odd (when I ignored the facts and thought it was a regular cig) that someone allergic to everything would be smoking in the first place.

        Although, perhaps because his food life sucks, is the reason he needed a smoke.

        1. Anybody who smokes in the first place although it’s obviously less true with e-cigarette’s is already showing a reckless disregard for their health etc.

          Here’s a hint people tend to act irrationally in all sorts of ways and choosing to smoke cigarettes is a perfect example

          I love people with every fiber of my soul and this is just part of the quirkiness of the human condition

      3. “This cigarette was rolled on equipment that also processes peanuts”?

  10. *”The fact that I’m facing expulsion in so extreme in every way,” he said. “They will be punishing a hunter who made a mistake,*

    No, you made several mistakes. One was being so freakin’ oblivious that you haven’t heard that bringing firearms to school is verboten. Zero tolerance has been the phrase du jour for oh, a decade now–at least.

    The second was consenting to have your vehicle searched. Since you were so doltish that you didn’t park it off school grounds.

    Cry me a river about your food allergies.

    Just another whiny entitled kid who thinks rules don’t apply to him and that he’s such a special snowflake he needs the jailers to cater to his freak diet and kiss his boo-boos at bedtime. Suck it up, the world’s a tough place.

    1. Oooh, another sockpuppet troll in here? Wonder whose this is.

      Or maybe it’s another one of those hit and run (ha!) law and order conservatives who occasionally stumble upon our fine abode.

      Which one are you, good sir?

      1. I think it’s the latter.

          1. Jebus, those tweets were so sanctimoniously cunty and banal that it gave me some kind of rare cancer.

            1. Well, fuck you too, spell check.

              Simultaneously, not sanctimoniously.

    2. Suck it up, the world’s a tough place.

      May you rot in the prison you wish to impose on the rest of us.

  11. Awesome!

    Yet another example and again I have seen dozens of these and love posting them where a cop gets bogus complaint made against him quite frequently involved in the race card and the existence of the dash cam body cam etc. allows the cop to be cleared from the false complaint

    A body camera showing as usual a cop doing a damn fine job professional polite good officer safety etc. etc. and noted also how the media jumps all over the cop based on the false complaint in a classic case of rush to judgment
    http://toprightnews.com/?p=5854

    1. Once again, Tulpa/Dunphy, whoever the fuck you are. You don’t like the way the conversation is going so you decide that you’ll just talk about completely unrelated and irrelevant times where a police officer was saved by cameras.

      It’s amazing how quickly camera footage comes out when it proves what the officer is saying, and amazing how often it’s unavailable/lost/malfunctioning when it might tend to incriminate the officer. Must just be a strange coincidence.

      1. You are the liar that falsely accused me in the other thread so I find it ironic that you’re coming over here and wanking

        The instant case here is a boring case but as I said there clearly was some abuse auto likely not from the police but from the jailers

        And of course the kid is also getting a very big break and you should be thankful since he brought a gun on to campus

        Either way when you can demonstrate basic ethics honesty etc. and admit that you made a false claim about me at 4:10 PM when the evidence is clear I made a statement at 4 PM and of course I came to the exact opposite conclusion that a bigot claimed I would

        Then get back to me

        Again this is an issue of simple ethics

        You made a false claim and I proved it was false and you are still doing everything except the manly honorable thing

  12. Booya body cameras!!!!!!!!!!!

  13. Please God bring ethics and understanding to the bigots and liars

    Tia

    1. You didn’t answer me above.

      Buh Bye.

    2. Including yourself.

  14. Police agree that Chier was not planning to hurt anyone.

    Ah, but do they agree that Chier *is* not planning to hurt anyone?

    Poor kid. 8-(

  15. They will be punishing a hunter

    Exactly the point. Hunting has been declared nekultury, thus your betters see it fit to punish you for offending the aesthetic sensibilities of the smug morally sanctimonious upper middle class left-wing pricks who make up the school-state complex.

  16. So the police are called when a kid is smoking a fucking cigarette on school property? What is happening in this country?

    1. I always thought the drug war was bullshit because they basically decided, “uh, forget an amendment, we’ll just pretend it’s all commerce or some shit and ram it through that way.”

      But the new phase of the war on drugs and war on sex is far worse. They’re destroying the whole concept of due process by declaring zero tolerance policies, legally they’re just going full retard.

      Every one of these worthless senior administrators who claims to enforce a zero tolerance policy should have their pay cut. You don’t want to exercise any wisdom or judgement? Fine, but don’t expect to get paid as though you’re a leader when all you are is a glorified office manager.

  17. I can’t have sympathy for some idiot who brought a rifle to school. The cops are dicks.

  18. Lawyer up and sue. That’s the only language these authoritarians understand.

  19. So I graduated high school in 1985 from Gloucester High School in Gloucester County Virginia. We had dedicated smoking areas for the student body AND it was common for students who hunted to have shotguns and shells in their personal vehicles(yes pick up trucks with gun racks did and do exist) parked in the student parking lot and it was not only not prohibited, it was never even viewed or thought of as a potential problem because it was never a problem…this is progress?

  20. Since when is a cigarette a reason to search a car?

  21. Take your GED, enroll in junior college, and tell the school to go to Hell.

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