MORGANTOWN — After, eight months of plea negotiations charges will move forward against a former WVU student who allegedly said he wanted to commit a mass shooting.
Zachary Johnson was charged after he allegedly made the comments in a class at the Health Sciences Center on August 23, 2016.
At Friday’s hearing, Magistrate Sandy Holepit asked why the case didn’t have the preliminary hearing – which determines if there is probable cause for felony cases to continue to circuit court – at one of several previous appearances. Assistant Prosecuting Attorney Robert Zak said the two parties were attempting to negotiate a plea deal but the negotiations broke down.
Zak and Johnson’s lawyer, Mark Gaydos, both had the opportunity to question WVU Police Officer J. Kuhn, who helped in the investigation.
Gaydos argued his client’s supposed actions did not meet the elements needed to be charged with terroristic threats and that any comments, if made, were simply a dumb mistake, not a felony. He compared the prosecution’s case to a parent who threatened to kill their kids if they didn’t stop acting out after a day of frustration.
“In this day and age, to make a statement of going on a mass shooting or shooting spree, you just can’t do it,” Zak said in his closing argument.
Holepit said she agreed with the state and pointed out the number of mass shootings where people question why red flags weren’t noticed and alarms raised after it’s too late.
Zak said he will present Johnson’s case before the next grand jury, in May.
