Police look into charging Golden
Posted on Monday, December 15, 2008
Golden
Lawyers for the Arkansas State Police are studying convicted Westside Middle School gunman Andrew Golden's application to carry a concealed weapon to determine if misdemeanor charges can be filed, a state police spokesman said.
Golden, 22, who was convicted in August 1998 as a juvenile for killing four students and a teacher, applied for a concealedweapon permit Oct. 7 after completing a sevenhour course in Batesville on June 21. Golden used the name "Drew Douglas Grant" when applying.
State police spokesman Bill Sadler said he did not know if Golden legally changed his name after his release from prison. State police learned it was Golden who applied when they matched the fingerprints taken after he completed the handgun training with those taken upon his arrest in the school shootings.
Golden's conviction was expunged after he was released, but that conviction could still be reason for denial, the state police's Web site on concealed permits says.
"An expungement or the sealing of felony conviction does not remove the conviction for purposes of obtaining a concealed handgun license," the regulations read.
His application was also denied, in part, because the address where he said he lived between May 2006 and June 2008 did not coincide with other information the state police had, Sadler said Friday.
If deemed that he falsified information on the permit application, Golden could be charged with a misdemeanor. Arkansas Code Annotated 5-73-310 states that applicants for a concealed handgun license complete the application under oath.
"The legal counsel of the state police is looking at [Golden's] application ... to see what options they have," Sadler said.
Golden could not be contacted for comment Friday. A person who answered the telephone at the Ravenden Post Office where Golden's father, Dennis Golden, is postmaster, said Dennis Golden would not comment to reporters.
Danny Glover, a Wynne attorney who represents Golden in a civil lawsuit, was out of town and could not be reached for comment.
In a Dec. 2 letter to Golden, state police Lt. Cora Gentry wrote that Golden's application also was denied because of a letter of objection sent by Sharp County Sheriff Dale Weaver. Golden has lived in Evening Shade in southwest Sharp County since June 2007, Weaver said.
Applicants have 10 days to appeal a rejection after receiving word of their denial. Sadler said the state police received a receipt from a certified letter to Golden on Thursday, showing that he had received the denial. He has until Saturday to file the appeal.
Golden's application has drawn the attention of the Brady Campaign to Prevent Gun Violence, a Washington-based advocacy group.
In a news release issued Friday, group president Paul Helmke said, "A murderer came very close to getting a concealed carry permit," and praised Arkansas authorities for its denial.
However, Felicia Epps, an assistant dean at the University of Arkansas School of Law in Little Rock, said Golden's case could be argued either way.
"It seems unfair to him that if his record is expunged, that it shouldn't be held against him," Epps said. "But we also have to look at the safety dimension."
On March 24, 1998, 11-year-old Golden pulled a fire alarm inside the Westside Middle School building and then hid in nearby woods with Mitchell Johnson, then 13. They shot at students and teachers as they left the building.
Killed were Stephanie Johnson, 12; Paige Ann Herring, 12; Britthney Varner, 11; Natalie Brooks, 11; and teacher Shannon Wright, 32. Ten others were injured.
Golden and Johnson were convicted of five counts of capital murder in the juvenile division of Craighead County Circuit Court and sentenced to incarceration at the Youth Services Division facility in Alexander until they turned 18.
Both were then held in federal penitentiaries until they turned 21 on convictions for carrying weapons onto a school campus, a federal offense.
Johnson was released from prison in August 2005; Golden was freed in May 2007.
Johnson, 24, was sentenced Nov. 14 in Benton County to 12 years in prison for stealing a credit card. He was given suspended sentences of 8 and 10 years for stealing and using a debit card from the gas station where he worked.
Circuit Court Judge Tom Keith also gave Johnson 12 months for misdemeanor marijuana possession.
Johnson will begin the 12-year sentence after he serves four years in federal prison on a gun and drug possession charge. He was convicted by a federal jury about 48 hours before he stole the credit card out of a drawer at the gas station Jan. 31.
In contrast, Golden has kept a low profile. Records show he came in contact with police once on May 4 in Cleburne County, when he lost control of a motorcycle on Arkansas 5 and crashed.
Golden was taken to White River Medical Center in Batesville, where he was treated and released. He showed police an Arkansas driver's license with the name "Drew Grant." The license listed a Batesville address.
However, on his concealed permit application, Golden showed he lived in Ravenden from April 2002 to May 2006 and in Evening Shade from May 2006 until now.
The application also failed to show Golden's dates of incarceration; on a questionnaire for the permit, Golden checked "No" when asked if he had been convicted of a felony.
Arkansas Department of Finance Administration records show "Drew Grant" transferred a Missouri driver's license to Arkansas on May 15 and had listed a previous home address in Cape Girardeau, Mo.
The motorcycle accident and the transfer of licenses were cited in the application's denial.
"Both of these incidents are within the time frame that you stated that you resided in Evening Shade, and they are not listed on your application," Gentry wrote in her letter.
Another reason for the denial in Gentry's letter was blocked out when a copy was sent to media. Sadler said Gentry mentioned an "incident in 1998," but did not say if it was the schoolyard shooting.
Weaver said he wrote his letter requesting the state police deny Golden's application because he was "considering the public's safety."
"He was only 11 when it happened," Weaver said. "But how can you do something like that without being permanently affected [mentally]?
"Unless he's a robot, how can he not have emotional problems the rest of his life?" Weaver said.
"He may have a legal right to carry a firearm," Weaver said. "But he has no business carrying one concealed. If he's worried about his safety, he doesn't need to live only 50 miles from where [the shooting] happened. I'm sure there's still some strong feelings out there about that."
Evening Shade Mayor Lonnie Haley said residents of the town of 460 expressed some concern when they first learned of Golden's residency.
"I would like to have a picture of him to know what he looks like now," said Haley, who is also an Evening Shade police officer.
Weaver said most would not recognize Golden now. When last photographed, Golden was skinny and had closely cropped hair and dark circles under his eyes.
Now, Weaver said, he's taller and has a beard.
"It's a concern for us," Haley said of Golden living in the town. "But we have child molesters moving into Sharp County who I feel are much more of a threat. I'd like to visit with [Golden] person to person and see what he's about. He may be all right."
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