ANDOVER — An 18-year-old Andover High School student has been ordered to do 80 hours of community service for carrying a BB gun on school property and firing the weapon at two other students in the school's parking lot just before the end of the 2009-2010 school year.
Josue Davila, of 18 Dale St., was charged with carrying a firearm on school grounds and assault and battery with a dangerous weapon. Fellow Andover high student Joshua Valentin, 18, of 650 Brookside Drive, was also charged with carrying a firearm on school grounds.
The charges stem from an incident on the afternoon of June 18 when Davila and Valentin drove into the school parking lot to take a final exam. Davila, the passenger in the car, then grabbed a black Desert Eagle BB pistol, rolled down the window and shot it at two students and hitting one in the left shoulder, according to court documents.
Davila and Valentin pleaded not guilty in Lawrence District Court on Aug. 4. They were both released on personal recognizance by Judge Thomas M. Brennan.
Davila returned to court on Aug. 27 and admitted to sufficient facts for both charges, Stephen O'Connell, spokesman for the Essex District Attorney's Office, said yesterday.
The district attorney's office pushed for a guilty sentence with one year in jail, a two-year suspended sentence and two years of probation for the assault and battery with a dangerous weapon, O'Connell said. For carrying a firearm on school grounds, the district attorney's office pushed for two years probation.
But Brennan continued the case without finding for 18 months. Davila was ordered to serve 80 hours of community service, write an apology to the victim, and stay away from and have no contact with the victim, according to O'Connell.
The maximum penalty for carrying a firearm on school grounds is one year in jail, or up to a $1,000 fine or both. The maximum penalty for assault and battery with a dangerous weapon is up to 10 years in state prison, or 2 1/2 years in jail, up to a $5,000 fine, or both.
Valentin is slated to return to court on Sept. 16.
Valentin and Davila were not arrested the day of the incident and were allowed to return to school to take their exams. They both have good academic records and neither has a criminal history or has been formally disciplined at school, according to the police report filed in court.