Charges leveled against four students who caused a scare while using a BB gun as they filmed a class project around Wilsdorf Hall in April have been dropped pending completion of community service and repayment of incurred costs.
The incident occurred April 23, coming one week after the Virginia Tech shootings. Several students locked themselves in a room inside Wilsdorf Hall after calling 911 to report sighting someone with a gun in the area.
University and Charlottesville Police responded to evacuate and search Wilsdorf Hall with their weapons drawn. The weapon was recovered and found to be an unloaded plastic BB gun being used by students as they filmed a Japanese 102 assignment. Third-year College student Christopher Allen Smith was arrested at the scene for brandishing the weapon.
One female student who had been studying in Wilsdorf Hall was taken to the University Medical Center suffering from a panic attack.
At the time, University Police Capt. Michael Coleman explained that University policy prohibits students from bringing any type of projectile weapon on Grounds, including BB guns.
Charles Sipe, attorney for defendant Chris Smith, said Smith was held in jail for two nights.
Other students involved in the project were third-year College student Caroline Choe, third-year Engineering student Eric Chau and '07 graduate Jerry Hsieh.
After charges were filed, the Albemarle County General District Court judge continued the case to Aug. 24, Assistant Commonwealth Attorney John R. Zug said.
"In the interim, [the defendants] must perform 50 hours community service, pay for Charlottesville and University police response and pay for the medical bills of the girl who suffered medical problems," Zug said.
The costs total to $1,618.37.
Zug said the students had been filming a scene which was supposed to be an armed robbery taking place in downtown Tokyo.
"They had a script that supported this, and there was a small handheld camera," he added.
Sipe said the students had presented the script to their teacher for corrections "at least twice" prior to filming the project.
"She never questioned the use of a gun," Sipe said. "My understanding is that she is saying she only looked at the Japanese."
Sipe added that the stage directions were in English.
"It's not that they thought that this would be a hilarious prank to pull; they didn't give it that much thought," Sipe said. "These kids are more involved in studies than anything else -- it just didn't dawn on them."
Sipe said Smith tried to communicate with the students studying in Wilsdorf Café to tell them they were only filming a project.
"Chris held the gun up and said, 'We're just doing a skit,' but they didn't hear it behind the walls," he said. "Chris put the gun in his jacket and went to the clear door to tell them, but they just thought he was trying to get in to the café."
The students faced a maximum penalty of a year in jail and a $2,500 fine. Instead, Zug said if each defendant remains on good behavior, the Commonwealth Attorney's office will make a motion to dismiss charges against them in court Aug. 24. If the students remain on good behavior for three years, the charges will be expunged from their record.
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