DA declines to prosecute superintendent for carrying gun on school property

Dec. 12– Hardin County Director of Schools John Thomas has been carrying a firearm on school property, Sheriff Sammy Davidson said this afternoon.

"I did call John and tell him not to carry his gun to school," he said.

Davidson said Stacy Moore, a school resource officer and sheriff’s department investigator, observed a holstered pistol under the director’s jacket while he was at Hardin County Middle School on Nov. 14.

Signs at schools across Tennessee state: "Felony. State law prescribes a maximum penalty of six years imprisonment and a fine not to exceed $3,000 for carrying weapons on school property."

Exceptions to the law include active duty military and federal civil officers acting in their duty capacity, along with on-duty state, county and city law enforcement officers, and private police or security guards employed by the school.

Davidson said he has turned the matter over to District Attorney Hansel McCadams.

Hardin County Board of Education Chairman David Long said he has been in contact with McCadams to request an opinion in the matter.

A formal letter from McCadams to the board will be available to the public after the board’s regular monthly business meeting scheduled for 4 p.m. today, he said.

Saying the board has not yet seen the letter, Long declined to release it to The Courier.

McCadams told the newspaper at 3:45 p.m. that he has decided not to prosecute.

(Ed. note: This is a developing story. Details to follow.)

UPDATE, 5:15 p.m.– In the letter to the board, McCadams explains the decision, saying Thomas had the gun holstered on his person, and it was seen "glancingly" by a board employee on school grounds. "There is no allegation it was brandished or displayed in any offensive or defensive manner."

McCadams says also that following his review of the various statutes governing school security, "I believe Mr. Thomas has a legal defense to a criminal charge. I have reached this conclusion having also considered a school director’s duties per state law and the exceptions enumerated by statute."

Asked if he was director of schools, would he carry a firearm on school property under existing laws, McCadams said, "The school board needs to look into other avenues of providing security to the campus. That’s probably not where they want to go."

Asked if he was aware Thomas was going armed on school property, Long said, "No. I did not know he was carrying a gun on the school grounds."

According to the board chairman, there was "nothing inappropriate" in the director’s actions. "It did not violate Tennessee law. That letter fully explains it."

"I’ve made up my mind I won’t be carrying anymore," said Thomas.