12-year-old who made fake school bomb threats knew they were too young to be charged, police say

ROCKVILLE, Md. - Authorities say a 12-year-old has admitted to making at least seven bomb threats targeting schools in Montgomery County and apparently told authorities they knew they would not be charged because of their age.

Police say the threats were sent via email to Montgomery Blair High School on Oct. 13, 16, and 23. A separate threat was emailed to Oak View Elementary School on Oct.15.

Detectives identified and spoke with the 12-year-old who admitted they were responsible for the threats. However, in the state of Maryland, children under the age of 13 can only be charged with offenses that constitute a "crime of violence."

"It is disheartening to accept that the individual responsible for disrupting the educational process and instilling fear in our community was well aware of the legal limitations surrounding their age," Montgomery County police Chief Marcus Jones said in a statement. "They understood that they could not be charged under current Maryland statutes."

Jones said the bomb threats spread fear and chaos and created a financial burden on the police department. 

"Dispatching officers and K-9 units to investigate these threats, especially when our resources are already stretched thin, diverted our personnel away from other pressing calls for service," Jones said. "This diversion of resources is unacceptable, and it jeopardizes the safety of our community."

ROCKVILLE, MD APRIL16:A Richard Montgomery high school student walks pass the school banner on April 16, 2015 in Rockville, MD. The school has been recognized for academic excellence for many years. (Photo by Mark Gail-for The Washington Post via Get

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Jones tells FOX 5 he’s spoken to multiple lawmakers already about the recent Maryland state juvenile justice reform measures that include now prohibiting anyone under 13-year-old from being charged with a "crime of violence." The chief said before changes went into effect this summer, those seven and older could be charged and spoke to how this could both direct the juvenile to needed juvenile services and hold the parent(s) accountable if a judge were to order restitution be paid.

Sen. Jill Carter’s office responded to FOX 5 on the matter, saying, in part:

"Under the law, children under 13 may only be charged with crimes of violence.  Thus, it would be up to police and prosecutors to decide what, if any, charges are appropriate.  Should they decide not to charge, common sense would dictate that that file either a CINS petition (child in need of supervision), a CINA petition (child in need of assistance) or make a referral for a psycho-social evaluation with DHMH. Should authorities choose to do nothing, that would appear to be an irresponsible decision and one that does nothing to provide age-appropriate interventions or services to the child, nor to improve the public safety."

FOX 5 was told by the Montgomery County police spokesperson they were not informed of this. Neither the State's Attorney’s Office nor the Montgomery County Public Schools spokesperson could answer due to Maryland juvenile privacy laws.

"We have to extend it someway, somehow and penalize the child somehow for making bomb threats. It’s big, it’s serious, especially these kinds of times we’re in," said Darrell Josiah, whose family went through it on the same day of the interview. His son’s school, Spring Brook High School, and one other in the county both had bomb threats on Wednesday.

"That’s shocking. I don’t…Wow," was the immediate answer another parent gave.

"I am old school and I think a 12-year-old is still a child but that there should be some accountability to the parents," said Karen James Cody, whose children went through MCPS. She now has a grandchild in the school system.