Attorney: $225,000 bail for Dallastown student in threat case is 'miscarriage of justice'

UPDATE:

Brandon Jamal Thompson will be released on unsecured bail but needs to meet several conditions, including wearing an ankle monitor.

Previous story:

York Attorney Chris Ferro pulled no punches Wednesday in his request for the court to lower bail for an 18-year-old Dallastown student who has been in York County Prison since March 1, when he allegedly threatened to bring a gun to school.

The effects of the $225,000 bail set for Brandon Jamal Thompson are "unconscionable," and "a complete miscarriage of justice," Ferro wrote in his petition to the court.

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York Area Regional Police charged Thompson with a single misdemeanor count of terroristic threats, and District Judge Scott Laird set the bail. Thompson was unable to post bail and was incarcerated.

Laird has not responded to repeated requests to comment. On Friday, a woman in his office said he would not comment.

The threat came amid a series of school threats around the country, following a mass shooting at a Florida school on Feb. 14.

In the petition, Ferro said Thompson lives with his mother and brother and has no prior criminal history, history of violence or history of mental illness. Ferro said Thompson never had any issues in school prior to the incident for which he was arrested, and he has no record of flight or escape and has not used any form of false identification.

Watch, explaining how bail is set (story continues below:

"Imposing $225,000.00 bail in this case is effectively refusing to set bail," Ferro wrote, since neither Thompson nor his family have the financial means to post bail. Allowing Thompson to remain in York County Prison while his case is pending -- his next court action is scheduled for April 13 -- "is unconscionable and a complete miscarriage of justice ..." Ferro wrote.

Ferro asked the court to set Thompson's bail at unsecured, meaning he would be released from prison without having to post any bail money or collateral.

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Kyle King, spokesman for the York County District Attorney's Office, said his office had nothing to do with bail set in Thompson's case. In general, King said, the district attorney's office might weigh in if there's a request to modify bail

The things his office would consider if they were to contest a bail modification include the specific charges in the case, an individual's prior record and whether the person is a flight risk.

Members of the Facebook group Fixing York PA pointed out that Thompson is one of four 18-year-old York County high school students charged in recent weeks for allegedly making threats directed to classmates or their school communities.

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More: Teen charged in relation to reported threat at South Western High School

One person made a small chart to show that Thompson was charged with the least serious offense but his bail is the highest. The others who were charged each had bail set at $15,000 or less. The chart also points out that Thompson is black and the others are white.

The three other students who have been charged for alleged threat incidents are:

Brennen Michael Shenk, 18, of the 200 block of Hedgewick Lane in Lower Windsor Township. He's an Eastern York High School student who was charged Feb. 26 for allegedly threatening to shoot up the school while in the lunch line, according to the district and an affidavit of probable cause. He was released on his own recognizance after his arraignment in front of District Judge Barry

L. Bloss Jr., according to court records.

Ethan Michael Wilson, 18, was charged with terroristic threats with intent to terrorize another, according to online court documents. He's a South Western High School student and allegedly made threats against the school on Feb. 15. He was released on unsecured bail set for $10,000 by District Judge Dwayne Dubs at his arraignment, documents state.

Jacob Chirichello, 18, from the first block of Christine Drive in East Prospect Borough, was charged with felony counts of terroristic threats, according to court documents. The Eastern York High School student is accused of sending a bomb threat to the district on March 9. He was arraigned March 10 by District Judge James H. Morgan, and released after he posted $15,000 bail, according to Central Booking.

Watch, why are school threats on the rise (story continues below):

Thompson's mother set up a GoFundMe page, Free Brandon Thompson, on Thursday to raise bail money for her son. Kimberly Elliott said many people were asking what they could do to help her son, so she started the fundraising page.

Elliott said her son is an average student and he's never been in trouble before.

"As a mother, my heart grieves knowing that in addition to the color of his skin, the only other reason my son is in a prison cell is because I don't have the means to post his bail," she wrote on the GoFundMe page. "I have filed complaints with my local NAACP and with the ACLU but this is only the beginning of our battle. This will be a lengthy journey as we battle a system riddled with racism and injustice."

Court records show Thompson has a bail hearing scheduled for March 29.

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