COLUMBIA, S.C. — Richland County Sheriff Leon Lott says no more charges will be filed and the case is closed into racist videos and a threat made involving a Cardinal Newman school student, a case he called "very disturbing" and that needs to lead to changes.
Lott said the decision on charges came from the Fifth Circuit Solicitor's office, who reviewed all the evidence in the case. "We're finished with it at this time," Lott said. "At this point unless we develop something different, there will be no more charges."
Lott's comments come the day before the private school is set to begin the current school year. The sheriff said he does not believe there's a danger to students who are returning to class.
"We do not feel there is any threat to Cardinal Newman whatsoever," he said.
Last month, deputies say a 16-year-old male student created videos where he used racist slurs about African-Americans and shot a box of shoes that he pretended was a black person. The videos were eventually discovered by school administrators in July. Lott said there was no state law which would have allowed them to make an arrest at that time based on those first videos, since there's no state hate crime law.
"My hands were tied as far as that video goes," Lott said. "There was no threat made to a school."
However, on July 17, Richland County deputies were made aware of a communication by the student where he allegedly said he wanted to 'shoot up the school.' Lott said the threat came in a group text that was made back on May 21. The student was arrested that day on a charge of making student threats, a misdemeanor that carries a maximum penalty of 10 years in prison. About 20 guns were also seized from his home.
Lott said his officers interviewed 12 of the 13 juveniles who got the next. (The one student who wasn't interviewed lived out of town, Lott said, and that person's parents would not let the student be interviewed.) Not all of the students who got the text went to Cardinal Newman, but the sheriff did not identify which schools they attended, but did say their principals had been notified.
Lott said it was a parent who ultimately a parent who saw the video and contacted them.
"That is what a parent is supposed to do," Lott said. "That's what a real parent does."
The sheriff said he doesn't know why the students themselves didn't come forward. "It's just sad," Lott said. "You know the difference between right and wrong, and that was not right."
He was asked if he thought the students understood the severity of what they read in the text.
"I don't believe at the moment they did, but I can guarantee they do now."
Lott did investigate the student who took the video, but again, said that since there's no hate crime law, that student also will not be charged. Lott called on lawmakers to remove South Carolina from the list of just four states that don't have hate crime laws.
"This is not a Republican thing or a Democrat thing, this is the right thing," Lott said. "It's time to stop talking, let's take action."
Some have questioned if regulating hate speech would be unconstitutional. But Lott said the video with the teen shooting the shoes is different, because it showed both hateful language and the action of firing a gun, which could lead to involvement from law enforcement.
"When you put those two [action plus words] together, that's what defines a hate crime," he said. "There was no doubt who that was directed to."
He also downplayed any chance of federal involvement at this point, saying that the U.S. Attorney's office typically doesn't prosecute minors. Lott also responded to some media reports suggesting that some involved suggested this was just a prank to create "shock value."
"It shocked me and scared the hell out of me," Lott said. "Yeah it had shock value. But that's what killers do too."
Cardinal Newman school told parents they will have added security for the first two weeks when classes resume, and they'll also work with law enforcement to conduct active shooter drills. Lott said a threat assessment was done as well.
They also plan to address other concerns, including having diversity training and bringing in guest speakers to address issues of racism and injustice with students.
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Because he's a minor, what's happened legally to the teen who made the threat is unknown. It's also been somewhat confusing as to how he was dismissed from the school. At first, it was reported that he was expelled on July 15. The school later clarified that he was going to be expelled, but was allowed to withdraw. But later still, at a parent forum, Cardinal Newman Principal Robert Loia said the boy's record from the school will now reflect that he was expelled.
A second Cardinal Newman student was also expelled from the school because of the incident, but it's not clear exactly how that person was connected to what happened.