Gonzaga Students on Probation for using a gun to fend off Intruder

Posted by Chris Morales on Mon, Nov 11, 2013 @ 11:35 AM

Gonzaga University has recently agreed to review its weapons policy as two students who used a pistol to drive an intruder from their apartment appeal their probation for having guns in their university owned accommodation. The university informed Erik Fagan, 21 and Daniel McIntosh, 23, over the weekend they were on probation and could be suspended or expelled for any more violations of th Spokane university’s code of conduct, The Spokesman- Review reported.

“As a Jesuit Institution dedicated to thoughtful evaluation of complex social issues,” Gonzaga will use the incident to re-examine its policy, President Thayne McCulloh said in a weekend statement.

Gonzaga should consider student safety above all else, said their lawyer, Dean Chuang. “We’re glad that it didn’t have to end in tragedy for them to consider changing the policy there Chuang said “Our boys were armed and stopped a home invasion here.”

A homeless man came to their door on October 24th around 3:30pm Sunday afternoon demanding money and trying to force his way inside. Fagan offered the man a blanket and a can of food but refused to hang over any cash, he said the man became agitated and combative. Fagan shouted for McIntosh, who came downstairs holding a loaded 10 mm Glock pistol.

“I draw on him,” McIntosh said. “As soon as he sees me, he decided he doesn’t want to deal with me. So He takes off.” The men called the police and campus security. Fagan has a concealed weapons permit, he said. McIntosh also says he immediately told both Spokane Police and campus security about his guns that he legally owned when they arrived at the apartment after the incident.

Campus security returned the next day and confiscated McIntosh’s Glock and Fagan’s shotgun which he uses for hunting and sport shooting. The men say their gun were seized illegally and are seeking to have them returned. They say they are glad they weren’t expelled, but they are appealing their probation because they don’t want the sanction on their school records.

“People that look at our transcripts are going to see that we’ve been charged with violating weapons policies on Gonzaga’s property, so that’s something we would like to not have on there, because we feel like we didn’t do anything wrong. We were just defending ourselves.”

Students are not allowed to have any guns in their homes if they live on campus or in a university owned apartment. The university discipline board on Friday found Fagan and McIntosh responsible for two violations: possessing weapons on school grounds and putting others in danger by the use of weapons.

The man who went to their door, John M. Taylor, 29 is a six-time felon, said police spokeswoman Monique Cotton. His crimes have included riot with a deadly weapon, possession of a control substance and unlawful imprisonment. Officers responding to an initial report of a residential burglary, found him in the area. Cotton said he was jailed on an arrest warrant from the state Department of Corrections, she said. Typically that means a person under department supervision has violated terms of release. Taylor was no longer on the jail roster Monday.

Here is the letter from the university president about the issue of safety on university owned property:

During the past forty-eight hours, there has been a significant amount of communication regarding a recent neighborhood incident involving two of our students, the institution's policies as regards possession of firearms in campus housing, and concerns about the University's response to this incident under its Code of Conduct. I believe it is in the best interests of our Community to utilize this set of circumstances to address several of the key issues that have arisen.

First, the University takes seriously its responsibilities under its own policies and the Family Educational Rights and Protection Act (FERPA) to preserve the privacy and confidentiality of our students. This protection includes their right to privacy as regards disciplinary proceedings and outcomes. While the specific outcome of the disciplinary hearing that took place yesterday is confidential, it is my understanding that the outcome itself was communicated to the students yesterday afternoon.

A primary obligation of Gonzaga University is to work to ensure the safety and security of its students, faculty, staff and local community. To this end, Gonzaga hires its own Campus Security and Public Safety officers, who work in close concert with the Spokane Police Department. It also employs a number of individuals, including students (e.g., Residence Hall Staff) who are designated as responsible for working with students and staff to ensure compliance with University Policies -- all of which are published, readily available, and exist to protect the health, safety, and welfare of everyone at the University.

Many of the policies promulgated by Gonzaga University exist either as a function of (a) our Mission as a Jesuit, Catholic university, (b) federal, state, or local regulations, or (c) the need to create framework in response to actual incidents which have occurred at the institution over time. Gonzaga is very similar to many other schools, colleges and universities around the country which prohibit students' possession of firearms in campus housing facilities; the overarching objective of these is to minimize the potential for intentional or unintentional harm.

In light of the specific circumstances reported in the Gonzaga Bulletin and the press, there have been calls for a re-examination of the University's policies relating to firearms. As a Jesuit institution dedicated to the thoughtful evaluation of complex social issues, I believe this to be an opportunity to do some important work, as a community: to objectively re-examine our firearms policy and openly debate perspectives and contextual issues with an eye towards an honest and open review of the same. Therefore, I have asked our Vice President for Student Development, Dr. Biggs Garbuio, to work in conjunction with GSBA and RHA to facilitate a campus dialogue focused on this issue. In the meantime, the Student Handbook and its Code of Conduct are in effect and all students are obligated to know their rights and acknowledge their responsibilities as established within them.

Finally, I do wish to make a point which I believe to be both relevant and important at this time. Gonzaga University is itself part and parcel of a larger community -- which includes the Logan Neighborhood, Mission Park, the University District and Downtown. A significant number of Gonzaga students live side-by-side with families and long-time residents of these areas. Just as students have a right to feel safe and secure in their residences, so too do the non-student members of the community -- a point which obligates us all to recognize that everything we do affects others. The families and long-time members of the Logan Neighborhood and Gonzaga University are important partners in the shared goal of working towards a safe living environment for all -- one we will continue to work hard at creating, every day.

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Tags: violations, guns, probation, pistol, intruder, code of conduct