Student Threat Against Teacher Example Case In California
In In re Ricky T. (2001) 87 Cal.App.4th 1132, a 16-year-old student returned from the restroom to a locked classroom and banged on the door.
The teacher opened the door, hitting the minor. the minor became angry and threatened to "'get'" the teacher and to "'kick his ass.'" the teacher felt threatened and sent the minor to the office. the minor complied. (Ricky T., supra, 87 Cal.App.4th at pp. 1135, 1137, 1140.)
Ricky T. concluded that the evidence did not support the conclusion that the minor had made a criminal threat. Ricky T. found that the evidence did not show an imminent physical confrontation, noting that the police were not called until the next day and did not talk to the minor again until the following week. Further, there was no prior history of disagreements between the student and the teacher and there was no subsequent conduct either. (Id. at pp. 1135-1136, 1138-1140.) In In re Ricky T. (2001) 87 Cal.App.4th 1132, the defendant, after briefly leaving his high school classroom, returned to find the door locked. His teacher opened the door, which hit defendant's head. Defendant said, "'I'm going to get you.'" (Id. at p. 1135.)
The Court of Appeal found that this threat "lacked credibility as indications of serious, deliberate statements of purpose," and it was "ambiguous on its face and no more than a vague threat of retaliation without prospect of execution." (Id. at pp. 1137-1138.)