Sheriff: Brevard teen who hid rifle in backpack faces gun charges

Oct 30, 2024

A 13-year-old Viera Middle School student remains in custody after his arrest this week on gun charges related to a backpack with a rifle inside discovered in an abandoned lot Sunday near Suntree Elementary School.

In a Facebook post Thursday night, Sheriff Wayne Ivey announced that the Brevard teen was the person who hid the backpack, a .22-caliber rifle, ammunition and other items found Sunday by an “uninvolved party” in a wooded area about 400 feet west of the Melbourne school.

As a result of the Brevard County Sheriff’s Office’s investigation, Ivey said, “there has been no evidence or indication that his actions or intent with the weapon was to harm a school or anyone on the campus,” but rather that the teen obtained the rifle from his family’s home, without permission, to use for target practice.

The teen faces charges including shooting at, within or into a building or dwelling; discharging a firearm in a residential neighborhood; persons engaged in criminal offense having a weapon while committing a felony; and unlawful possession of a firearm by a person younger than 18.

FLORIDA TODAY does not name minors unless they are charged as adults.

The day after the discovery of the backpack, several people saw a male running from the area where the backpack and rifle were located, Ivey said.

The person fled after being confronted by nearby neighbors about what he was doing in the area, Ivey said, and was seen a few moments later by a sheriff’s deputy near the intersection of Oak Park Drive and Sweetwater Court.

The teen, approached by the deputy, stated that he’d missed his school bus and was running home. He was subsequently determined to be the person who left the items in the woods, the sheriff said.

The arrest came, Ivey said, after “an extensive and exhaustive investigation into the matter” including serving search warrants and forensic examinations on the teen’s telephone and an additional search warrant at the teen's residence. The teen’s bedroom and personal items were searched, Ivey said, and “all potential witnesses or involved parties” were interviewed.

The teen gained access to the gun, which was in a locked area of the house, by learning where the key was hidden and then obtaining access to the firearm without permission from either parent, Ivey said.

Further evidence, Ivey said, showed that the teen in the past had “used the exact same location for target practice and had left the items there with plans to return later.”

The teen’s parents have been cooperative and have assisted in the investigation "as they recognize the seriousness of the incident and the concerns it created,” he added.

The incident had been a topic of speculation and questions on social media throughout the week.

After an initial email on Sunday, Suntree Elementary Principal Shari Tressler wrote to parents again on Tuesday, saying that Brevard County Sheriff's Office had made an arrest.

"No threats were ever made to our school, staff, or students,” she said.

Additional police were present on campus on Monday following the discovery of the backpack, according to Tressler, who added in Tuesday's email that BCSO would be providing additional security throughout the week at the Melbourne school.

On Friday, Viera Middle School Principal Catherine McNutt sent an email to parents, updating them on the investigation and how the school would be proceeding.

"When the student is released from police custody, the school will move forward with an administrative hearing for felony charges in line with the Brevard Public Schools discipline policy," she said.

BPS' Student Code of Conduct says that principals can initiate suspension proceedings if a student is formally charged with a felony or with a "delinquent act which would be a felony if committed by an adult."

Students may be placed at an alternative learning center or suspended. The decision on whether or not to suspend a student is made by holding an administrative hearing to determine if the student's actions had an adverse impact on the school.

.Finch Walker is the education reporter at FLORIDA TODAY. Contact Walker at [email protected]. X: @_finchwalker