LANSING, Mich.(WLNS)—The lawyer of a youngster charged for threatening “another school shooting” at Michigan State College says he desires the case dismissed.
Prosecutors say Michigan State College Pupil Hope Duncan made a put up to social media, saying there’s going to be “another school shooting at the school.”
The authorities arrested the 18-year-old, and prosecutors charged her with False Report or Menace of Terrorism and Utilizing a Laptop to Commit a Crime.
Duncan’s lawyer, Mike Nichols, says that final week, the Michigan Court docket of Appeals declared {that a} False Report or Menace of Terrorism is unconstitutional.
“Count one dies because the statutes are not constitutional,” said Nichols. “Count two dies with it. The case never should’ve been brought like this.”
Nichols says what Duncan posted on-line was inappropriate, nevertheless it wasn’t unlawful.
He says the current appeals court docket choice in Michigan V. Michael Joseph Kvasnicka declared certainly one of her fees unconstitutional.
“The way it was drafted, it covers too much language that would otherwise be protected by the First Amendment,” said Nichols. “and that’s exactly what this was from what I can tell.”
Nichols says he heard in regards to the case from a legislation clerk and contacted Duncan.
“She’s a political science major, who was thinking about maybe becoming a lawyer or getting into public service,” said Nichols. “She’s a really good kid, and her parents are going through hell needlessly.”
He says Duncan was going by one thing mentally and that after she posted bond, the decide made her put on an ankle monitor.
Nichols believes that was unfair.
“It principally tracks your whereabouts, and you may’t go sure locations as a situation of bond, and it ought to solely be utilized in actually critical instances like the place there are allegations of somebody who’s a rampant intercourse offender or a menace to any individual,” mentioned Nichols.
Duncan’s menace comes only a few weeks after the second anniversary of the MSU capturing that took the lives of three college students.
Nichols says he sympathizes with the scenario.
“I get it. We’ve got that, you know, were three years removed from the shooting on campus where young people died, and other young people had their lives forever changed, but this is going way too far,” said Nichols. “Way too far, and the charges need to be dismissed.”
Nichols says that Duncan was kicked out of college in the midst of her second semester.
Prosecutors charged her on Friday, and a decide set her bond at $20,000.
