The Joplin Globe
August 23, 2006 01:53 am
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By Roger McKinney
rmckinney@joplinglobe.com
RIVERTON, Kan. - Riverton High School students accused in an alleged school-shooting plot will receive an education, but not at school.
Attorneys for students James Tillman, Caleb Byrd and Robby Hunt, and student Andrew Jaeger's father said all have reached agreements with Riverton school officials to take online courses through the Greenbush Education Service Center.
The attorneys last week said their clients were facing expulsion by the district.
Tillman, 16, and Hunt, 17, have pleaded guilty to misdemeanor conspiracy to riot. They have been sentenced to probation for the duration of the school year and have been ordered to perform two hours per week of community service.
Byrd, 16, Jaeger, 15, and Coy New, 18, pleaded not guilty to the misdemeanor charge and are seeking jury trials.
Each previously had been charged with felony criminal threat and felony incitement to riot, with Tillman also charged with felony solicitation to commit murder. Cherokee County Sheriff Steve Norman on April 20 said the five had planned to carry out a school-shooting plot that day.
Jaeger's father, Wesley Jaeger, said Tuesday that it's not right that his son should be punished when no one has proved him guilty of wrongdoing.
"How can the school judge him guilty when he hasn't been found guilty in a court of law?" Jaeger asked.
Jaeger also said he is not satisfied with the agreement allowing his son to continue his education. He said he would not be satisfied until Norman and Kansas Attorney General Phill Kline, whose office filed the original felony charges, are defeated in elections. He said he holds them - and school officials - responsible for his son's troubles.
Byrd's attorney, Eddie Battitori, said it is troubling that his client is being punished despite not having been found guilty of anything.
"The agreement is subject to modification," Battitori said. "It's not necessarily the final word on the matter."
Battitori said Byrd and his parents are pleased that Byrd will be allowed to continue his education.
"They're satisfied for the time being, but none of us are giving up the fight," Battitori said.
Tillman's attorney, Sam Marsh, said the agreement with the school district prohibits his client from being on school property or attending school functions anywhere. He said the school would provide the computer, with Greenbush providing software and other equipment. Tillman is responsible for Internet service.
"I'm obviously hoping, and James is hoping, he'll be able to return to Riverton High School for his senior year so he can graduate with his class," Marsh said. "We're taking things one step at a time to get life back to normal."
Hunt's attorney, Doug Steele, said he reached the agreement with school officials on Tuesday for Hunt to take the online courses through Greenbush.
"That will allow him to appropriately deal with the educational issues and get through the junior year," Steele said.
He said there is the possibility that Hunt would be allowed to return to Riverton High School next year, but there is no agreement.
"My understanding is that if things go well, he will be eligible to return for his senior year," Steele said. "The school district has the ability to do what it thinks is best for the school district."
What's next?
Coy New is charged as an adult and has graduated from Riverton High School. His trial is set to begin Nov. 27. Trial dates for students Caleb Byrd and Andrew Jaeger are expected to be set during a court hearing Thursday in Oswego. Labette County District Judge Robert Fleming also will hear pretrial motions then.
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