Student Faces Expulsion After Firing Airsoft Gun On Private Property While Waiting On The School Bus

By Emma Koch - NBC33

Student Faces Expulsion After Firing Airsoft Gun On Private Property While Waiting On The School Bus

September 24, 2013 Updated Sep 24, 2013 at 10:36 AM EDT

VIRGINIA BEACH, Va. (NBC33) -- A seventh grade student may be expelled for the remainder of the school year for shooting an airsoft gun while waiting on the school bus.

According to WAVY Khalid Caraballo was like thousands of other Hampton Roads kids who play with airsoft guns. He and his friend, Aidan, were suspended with a recommendation for expulsion because they shot two other friends who were waiting with them for the school bus.

Both seventh graders say they weren't at the bus stop and shot the guns while on Caraballo's private property.

The kids were suspended for possession, handling and use of a firearm. Caraballo's mother says the suspension is ridiculous because they were firing a spring-driven airsoft gun on posted private property. According to WAVY the bus stop is 70 yards from Caraballo's front yard.

WAVY spoke with the person who called 911 on the children and the caller said she was aware that the gun wasn't real but that it made her uncomfortable to see a boy pointing a gun. She told WAVY he was shooting the gun at a target in a tree to "kill the zombies". There was a net behind the target to catch the plastic pellets.

WAVY reports the the 911 caller's son was among the children playing in an airsoft gun war in Caraballo's front yard that morning. Aiden admitted to shooting the 911 caller's son in the arm and Caraballo admitted to shooting another child in the back. Caraballo says when they play like that they put the guns down when they see the bus coming.

Three children total were suspended for firing the guns. Three other children who didn't fire the guns were not suspended.

WAVY reports that the Virginia Beach City Code says no person "shall...discharge any firearm, spring-propelled rifle or pistol...within...150 yards of any building" and then reads "no person shall use a pneumatic gun except at approved shooting ranges or within private property."

The code also requires shooting be done only with the permission of the owner and since Caraballo's mother is the owner, he didn't have her permission. But his mother argues that this is a home issue and not a school issue and told WAVY sternly that "he will never do this again".

According to WAVY a letter from the school principal said that the investigation found that the "children were firing pellet guns at each other and people near the bus stop" and that one child "was only 10 feet from the bus stop and ran from the shots being fired but was still hit."

Caraballo told WAVY "It's terrible. I won't get the chance to go to a good college. It's on your school record. The school said I had possession of a firearm. They aren't going to ask me any questions. They are going to think it was a real gun, and I was trying to hurt someone. They will say 'oh, we can't accept you.' "

WAVY's Andy Fox was the original author of the report on WAVY.com

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