Two Kelly students are facing possible suspension

BENTON -- Two Kelly High School students face possible school suspensions of up to a year as a result of the accidental shooting death of classmate Kaden Robert a month ago.

One boy's mother, Libby Urhahn, confirmed Friday that although nothing is finalized, the Kelly's school district board of education is considering punitive measures because of the involvement of a weapon on school grounds.

District superintendent Farah Jones said Thursday a decision had not been made.

Robert, 15, was killed, police say, after a friend accidentally discharged a gun in the parking lot of the school as four boys were leaving after playing basketball.

According to police, one of the boys provided transportation with his grandfather's truck, which contained two firearms. After the group finished its game, Robert and his friends returned to the truck, intending to go to Robert's house.

After everyone got in the truck, police say, someone passed a handgun to Robert, accidentally discharging it and striking Robert in the head. Robert died June 24 at Saint Francis Medical Center in Cape Girardeau.

No charges were filed, but the case is considered ongoing.

The length of any possible school suspension remains unclear. The Kelly School District, officially called the Scott County R-IV School District, has board policy regarding firearms and weapons in school that differs from what is stated in the Kelly High School Student/Parent Handbook for 2013-2014.

Official district policy prohibits "possession of firearms and weapons on school playgrounds, school parking lots, school buses, and at school activities, whether on or off school property" and states that "students who violate this policy will be suspended for no less than one (1) year and are subject to permanent expulsion."

Kelly High School's 2013-2014 student handbook, obtained by the Southeast Missourian, states if a student is found in possession of or uses "deadly or dangerous weapons," the "principal may use any disciplinary consequence up to a 10-day suspension."

Jones, the superintendent, declined to comment on details of any possible action, saying she would not speak about "private student information," but the superintendent may recommend a modification to the board of a suspension on a case-by-case basis.

When reached by phone, Kaden Robert's mother Rhonda Robert said she did not want to comment publicly about a suspension before a decision is reached.

Tom Mickes, managing partner of Mickes, Goldman, O'Toole Inc. -- the St. Louis law firm that represents the school district -- said he and one of his colleagues met with the Scott County R-IV board recently. Mickes said students are subject to school discipline as laid out in the district's code and policies even when it involves conduct over the summer months and weekends.

"That would be the case in every district in Missouri," he said. "When any district takes disciplinary action, it's not just to punish that individual student; it's also to send a message to those students that you're going to be held accountable ..."

"This is a tragedy, and we're always very concerned about the safety and welfare of our kids," Mickes said. But even with "our deep concern," he said, there's nothing that can be done to guarantee students' safety. "And everybody in the district clearly regards this as a tragedy," Mickes said.

When reached by phone, school board member David Collier said he could not talk about potential suspensions.

"The matter is not resolved, and I can't speak about that until it's resolved," Collier said. He said he anticipates the board will meet during the first week of August.

Board member Neal LeDure declined to comment when reached by phone. The Southeast Missourian placed phone and email messages to three other school board members, none of whom returned messages as of 5 p.m. Friday.

Sheriff Rick Walter said the investigation is ongoing. He said because the people involved are minors, the case will take longer to conclude because of the necessary work of different jurisdictions. He said he could not answer questions about the case, including whether any of the boys knew the guns were in the pickup truck before it was driven to the school.