In late September, Torri was traveling on the highway with her 11-year-old son, Junior, when her phone began to ring. The call was from Deputy Arthur Richardson with the Hamilton County Sheriff’s Department, who was stationed at Junior’s middle school in Chattanooga, Tennessee. Richardson inquired about her location, and she replied that she was en route to a family birthday dinner at LongHorn Steakhouse.
Earlier on that day, Junior had reportedly made a threat against the school, as alleged by other students. Upon picking him up, Torri spoke with Richardson and school administrators, who assured her that Junior could return to class the next day pending an investigation by the principal. ProPublica and WPLN have chosen to use a nickname for Junior and not disclose Torri’s last name to protect the family’s privacy.
When the deputy phoned Torri later, she felt unease but continued to the restaurant. Once there, she observed Junior cheerfully interacting with family members. Shortly after, Richardson called again, stating he was in the parking lot and needed to speak with Junior. Torri contacted Junior’s stepdad, Kevin Boyer, for support and took the call outside, leaving Junior with family to shield him.
Richardson informed the parents of his intention to arrest Junior. In response, Torri and Boyer expressed their concerns about arresting an autistic child who would feel claustrophobic in handcuffs, insisting Junior posed no danger and offering to take him to the detention center themselves. However, this plea was unsuccessful. Torri returned to retrieve Junior and, despite her tears, tried to explain the situation. Boyer heard Junior’s distress over the phone and reassured him, promising to wait at the jail until they could leave together.
In the parking lot, Richardson handcuffed Junior and locked him in the patrol car, citing a new state law in his police report. He did not respond to requests for comment. Following a deadly shooting at Nashville’s Covenant School in 2023, Tennessee legislators bypassed gun control measures, opting instead for stringent laws aiming to curb both violence and disruptive threats in schools.
Two conflicting laws effective for the new school year now require schools to expel students if investigations confirm “valid” threats, a term undefined by law. Simultaneously, police are mandated to charge individuals, including minors, with felonies for any threats, credible or not. Consequently, students may face arrests for statements that fall short of expulsion criteria.
Tennessee law enforcement maintains the necessity of holding even non-credible threats accountable with arrests and felony charges. The Tennessee Sheriffs’ Association asserted in September that threats compromising school safety would meet prosecution. Rep. Cameron Sexton, a proponent of the felony law, stated the legislation is serving its purpose to ensure safer schools.
Statewide data on threat-related arrests since August’s school start remains unreleased, but Hamilton County reported 18 student arrests in the initial six weeks, surpassing Nashville’s numbers despite having fewer students. Data procured by ProPublica and WPLN shows 519 students faced charges for threats of mass violence in the last school year, with an increase from the previous year’s 442.
The new felony law, criticized for its broad scope, has been shielded from by school board members like Ben Connor, who warn that overpunishing students for benign incidents risks desensitizing adults to genuine threats. “We may not even be keeping the kids safer by choosing to just send everyone to jail,” Connor contended.
The incident involving Junior began during a science class, where he erroneously confirmed a threat overheard in a student conversation. Other students reported Junior’s comment to the teacher, which under new law, compels staff to inform law enforcement.
Following the principal’s affirmation that Junior could return to school, Torri took her son home to prepare for the party. Despite their consent for school authorities to discuss the incident, the Hamilton County Schools system did not respond to ProPublica and WPLN inquiries.
Richardson’s tracking and arrest of Junior sparked a complaint from the family, currently investigated by the sheriff’s department. Richardson needed no context or intent considerations for the arrest, as stated by the law. Sheriff Austin Garrett emphasized that threats lead to automatic arrests, highlighting his achievement of placing more police in schools during his tenure.
Jeremy Durham, Richardson’s supervisor, upheld the arrest policy compliance after reviewing footage but did not comment further. ProPublica and WPLN’s data request revealed Hamilton County Schools handled 38 student threats labeled mostly as low-level and without motive evidence, resulting in 18 arrests.
Statistics revealed disproportionate arrests affecting Black students and those with disabilities. Junior’s parents felt the system obstructed their advocacy efforts, particularly when school meetings were canceled or limited in participation.
In Williamson County, a case illustrated potential injustices, as a student faced unwarranted detention following unsupported allegations. The school district disputed parts of the lawsuit but withheld additional responses.
As Junior’s juvenile court date approaches, his felony charge underscores the judicial discretion anticipated as his safety net. Judge Robert Philyaw of Hamilton County criticized the ubiquity of these cases in court, where many lacked genuine threat credibility.
Tennessee court records show a high dismissal rate or diversion for threat charges against minors, highlighting judges’ mitigating role throughout the process. The law’s architects believed in judicial discretion for fairness, but defense experts warn against relying on personal judgment when facing severe legal consequences for youth.
Junior’s parents remain concerned about the long-term impact of his arrest on his education and wellbeing, navigating a system they perceive as unjust to and traumatizing for children.