Virginia state Supreme Court rules that spit wads are "weapons" and using them is "criminal"
The state Supreme Court in Virginia has let stand a ruling that spit wads are "weapons" and using them is "criminal."
But a public-interest law firm fighting the case says it has asked for a rehearing because of alleged violations of due process of law that occurred in the case.
The case has been argued by the Rutherford Institute, which said a tiny plastic pellet shot out of a plastic tube doesn't meet the definition of a "weapon" and a long-term suspension for a 14-year-old honor student is inappropriate.
The argument came in the case of Andrew Mikel II, who was a freshman last school year when he was kicked out of Spotsylvania High School for the remainder of the session under a claim by school officials that the "spit wad" was "violent criminal conduct."
Rita Dunaway, a staff attorney with the Rutherford Institute, argued before the state's high court that the penalty should be reversed and that the school determination that Mikel "possessed" a "weapon" reached too far. . . .