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AG: There is 'no coherent strategy' for responding to students who bring guns to school
Just days after the suspected accidental fatal shooting of one of two Atrisco Heritage High School students in a school parking lot, two other teens were criminally charged with bringing their guns to school at other Albuquerque campuses.
Gun possession at school and gun violence among juveniles in 2023 has been 鈥済ut-wrenching,鈥 said Bernalillo County District Attorney Sam Bregman.
It鈥檚 illegal for a person under 19 to be in possession of a handgun in New Mexico, although there鈥檚 no minimum age to possess rifles and shotguns.
And being caught with a gun at school could lead to explusion for a year, but top prosecutors in New Mexico say not enough is being done after the firearms are discovered to reduce the public safety threat.
Bregman said his office, as part of prosecuting such juvenile crimes, is now trying to find out where the juveniles facing charges are getting their guns.
鈥淲ith social media, most every other day you can find a gun available somewhere in Albuquerque,鈥 Bregman said last week.
Earlier this month, New Mexico Attorney General Ra煤l Torrez sent a letter to the governor and legislative leaders that focused in part on juveniles with guns.
Based on discussions about public safety with law enforcement officers, prosecutors and treatment providers, Torrez said the state鈥檚 juvenile justice system needs to be more proactive.
鈥淟aw enforcement leaders noted they are finding younger individuals possessing guns and perpetrating gun crimes. However, the interventions available are not matched to this challenge,鈥 Torrez wrote in the Dec. 11 letter.
He stated that there is 鈥渘o coherent strategy for responding to a young person who brings a gun to school,鈥 adding 鈥渋t is unclear whether a social worker is dispatched to the home to provide support or whether a counselor is assigned to the young person to understand why the young person feels the need to have a firearm.鈥
鈥淐urrently, there is no consistent enforcement or service response for a minor with a gun,鈥 wrote Torrez, who previously served as Bernalillo County District Attorney.
This 鈥渄emonstrates to our young people that there are no consequences for bringing a gun to school,鈥 Torrez wrote.
鈥淲e must respond with both an immediate consequence and services to try to change the course of that young person鈥檚 trajectory. The lives of our young people are literally at stake.鈥
Torrez鈥檚 letter came just days after the Dec. 8 fatal shooting of 16-year-old Elijah Pohl-Morfin after a basketball game at Atrisco Heritage Academy High School. He and his friend, Adrian Martinez, who is now facing charges in Children鈥檚 Court, were playing with a gun in the high school parking lot at the time, according to the Bernalillo County Sheriff鈥檚 Department.
Five days later, on Dec. 13, Albuquerque Public Schools said a gun was found in a student鈥檚 backpack at Cibola High School. That same day, a 17-year-old was accused of bringing a loaded gun to Gilbert Sena Charter School.
Including at least one incident at a charter school, 11 people are being prosecuted for bringing guns to school campuses, 2nd Judicial District Attorney鈥檚 Office spokeswoman Nancy Laflin wrote in an email on Thursday.
Nine of those were juveniles, and five students were in custody as of then, she added.
Albuquerque Public Schools Superintendent Scott Elder said his district, the largest in the state, does not send social workers or other services to students鈥 homes when they鈥檙e caught with a gun at school.
In part, he said that鈥檚 because the district doesn鈥檛 have social workers to do that type of work 鈥 most are assigned to work on school campuses, often with students that have special needs.
If a student already has a social worker assigned to them, though, that social worker would likely follow up with them, Elder said.
But there are other complications to providing students the additional help they need. APS policy states that when a student is caught with a gun at school or during a school-related event, they must be expelled for at least one year.
鈥淲hen you expel a child from the school, you鈥檙e not just expelling them from the school, they鈥檙e expelled from the district,鈥 Elder said. 鈥淪o there鈥檚 not a lot we can do as a district at that point, and so you are reliant on social services that are in the area.鈥
Those outside services, though, have their own set of challenges.
Youth Development Inc., for example, has a program called 鈥淎BQ Against Violence鈥 that provides therapeutic, tutoring and other services for juveniles involved in any type of violent crime, including students caught with guns on school campuses.
With the current iteration of the program kicking off in March, YDI is currently working with 10 juveniles and young adults, five of whom have 鈥渂een in possession of a gun,鈥 according to Concha Cordova, vice president of the company鈥檚 Education, Employment and Training Division.
Two of those five, Cordova said, were students who鈥檇 brought a gun to school.
Although it鈥檚 just in its infancy, the program has proven to be a difficult one to expand or get people to follow through on, she said. On top of funding challenges, Cordova said there are also many juveniles and families who are reluctant to accept help.
鈥淚t鈥檚 not a mandated program 鈥 they get referred to the program, but they have to be willing to go through it. And that鈥檚 the tough part,鈥 she said. 鈥淚f they鈥檙e getting referred to us because they are suspected of carrying 鈥 We get the reaction from the individual saying, 鈥楴o, I鈥檓 not, no I鈥檓 not. Do you have proof?鈥 鈥
There are also breakdowns in family support, Cordova said. Sometimes, parents work several jobs to make ends meet, and can鈥檛 get their children to the YDI program. Other times, like their children, parents deny that their family could be involved in any sort of violent or gun-related crimes.
鈥淲hen I talk about generational violence, there鈥檚 also that fear and that denial of, 鈥楴o, that鈥檚 not us; That鈥檚 not my family,鈥 Cordova said.
Jessica Preston, a spokeswoman for the state Children, Youth and Families Department, said once a minor is charged in Children鈥檚 Court with possessing a gun, programs are offered 鈥渂ased entirely on the recommendation of the judge鈥 in the case.
Juvenile probation officers, who worked for CYFD鈥檚 juvenile justice division, 鈥渨ork within their area to secure these services.鈥
鈥淲e must respond with both an immediate consequence and services to try to change the course of that young person鈥檚 trajectory. The lives of our young people are literally at stake.鈥