(LOGAN, W. Va.) — A West Virginia judge has ruled that an eighth grader who was arrested after wearing an NRA T-shirt to school will stand trial for obstructing an officer, a crime that can carry up to a year in jail and $500 fine.
Jared Marcum, 14, was charged last week after wearing the shirt to school in April. The shirt included the logo of the National Rifle Association, an image of a rifle, and words “protect your right.”
Jared was asked to remove the shirt or turn it inside out by a secretary and then a teacher at Logan Middle School in Logan, W.Va. When he refused to do so he was brought to the principal, who called police.
The boy said that when police arrived at the school, they told him “sit down and shut up” and threatened to charge him with making terroristic threats when he tried to explain his side of the story.
Jared said he was detained in a room with the principal and two officers. He was unarmed and presented no threat to the officers or students, according to his lawyer.
He received just one day of suspension from school.
Jared’s attorney on Monday filed a motion to dismiss the case. A hearing on that motion will take place on July 11.
The law allows persons under arrest to question police and tell their side of a story, said his lawyer, Ben White.
“Case law says you can question police and you can talk to police – you just can’t use foul language, or insult them,” said White.
Calls to the school district and Logan County prosecutor were not returned. The police would not comment.
Copyright 2013 ABC News Radio
Jeremy Diamond, CNN
Christopher Dawson, CNN
Ralph Ellis and Sara Sidner, CNN