Smithtown West gun case leads to indictment, ICE detainer

A 16-year-old Smithtown High School West student accused of bringing a stolen handgun and ammunition to school has been indicted on three felony charges, Suffolk County District Attorney Raymond Tierney announced Tuesday.

The Nesconset teen was arraigned Nov. 10 before Acting Supreme Court Justice Karen Kerr on charges of second-degree criminal possession of a weapon, criminal possession of a weapon on school grounds and fourth-degree criminal possession of stolen property.

Kerr ordered the teen held on $50,000 cash bail, $100,000 bond or $500,000 partially secured bond. His next court appearance is scheduled for Nov. 23.

Prosecutors said the school’s principal was interviewing the teen about a previous incident involving another student when the principal learned of a social media image allegedly showing the defendant holding a gun. Three students reported seeing the post, according to the DA’s office.

The principal searched the teen’s backpack and found a covered small kitchen knife, an extended magazine containing five rounds and a Kahr P380 handgun, prosecutors said. The teen was arrested at the school.

“I commend the students who came forward and reported the defendant’s alleged social media post displaying a firearm,” Tierney said. “Their actions enabled school officials to respond quickly, recover the weapon and work with my office to hold the defendant accountable before anyone was harmed.”

As Greater Long Island previously reported, the handgun had been reported stolen in Florida, according to a felony complaint provided by the DA’s office. Kerr also issued orders of protection at the teen’s initial arraignment for two students who helped identify him to school officials.

In a letter to families after the arrest, Smithtown Superintendent Mark Secaur said administrators learned of the social media post while investigating a reported conflict between two students. He said the district was not aware of any specific threat the teen had made against students, staff, the school or the district.

Secaur described the handgun recovered from the backpack as unloaded, with ammunition also found during the search.

News 12 Long Island reported Tuesday that U.S. Immigration and Customs Enforcement has lodged a detainer against the teen.

The DA’s office identified the defendant as a Colombian national living in Nesconset and said he is in the country illegally. Federal immigration authorities are seeking custody following the prosecution, according to the release.

The teen, whose name has not been released because of his age, is represented by attorney George Terezakis.

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Top: Smithtown Superintendent Mark Secaur first told families in a letter that school staff found an unloaded handgun and bullets in a Smithtown West student’s backpack. (Photo: Google Maps Street View).