An English teacher accused of carrying a loaded gun and a switchblade knife on the campus of Farb Middle School on February 11, 2013 in San Diego pleaded not guilty to both felony charges.
Ned Walker faces one count each of possession of a firearm on school grounds and possession of a knife on school grounds. Mr. Walker posted a $50,000 bond and was released from jail by the next morning.
School officials had overheard that Walker was keeping ammunition in locked cabinets in his classroom. School Officers contacted Walker, who initially denied possessing any weapons.
After noticing a bulge in one of Walker’s pockets, the officers patted him down and found a .38-caliber semi-automatic pistol with a seven-round magazine. They also found a knife with a 2½-inch blade.
Possessing a weapon on a school campus is a felony, with some exceptions.
Walker, who teaches seventh and eighth grade English at eh school for the past eight years, has been placed on administrative leave. The case is currently set for a Preliminary Examination on April 23, 2013.
What's A Preliminary Examination?
A Preliminary Examination is held to determine whether or not a judge has a "strong suspicion" that a crime has been committed and the person arrested has committed said crime. It is not the same standard of proof that the District Attorney's Office would be required to prove at a Jury Trial.
At a trial, the Burden of Proof is Proof Beyond a Reasonable Doubt. The standard of proof at a Preliminary Examination is much less.
Basically, the judge is deciding whether or not there is enough evidence to continue the case for trial within the criminal defense justice system or if the case should immediately be thrown out of San Diego court.
In the vast majority of cases, the District Attorney is able to meet the lesser Burden of Proof, a "strong suspicion" and cases set for Preliminary Examination are typically bound-over for trial.
What If This Happens To Me?
If you've been involved in a crime and need criminal defense representation in San Diego area, do not hesitate to contact criminal lawyer Michael Berg.
If you need help or have questions about your rights, you can contact Michael's office through http://sandiego.criminallaw.com or by calling our San Diego office at 619-239-2186.