Law & Courts

Court Takes Case Arising From Shooting at School

By Mark Walsh — March 21, 2008 3 min read
  • Save to favorites
  • Print

In the same week it heard arguments in a potentially landmark case about the extent of the constitutional right to bear arms, the U.S. Supreme Court agreed to take up an appeal stemming from a gang-related drive-by shooting at a Seattle high school that left one student dead.

The legal question in the Seattle case is not one of school law. But the case will present the justices with a stark reminder that public schools are often caught up in urban violence.

In Waddington v. Sarausad (Case No. 07-772), Seattle street gang member Cesar Sarausad is challenging his conviction as an accomplice in a March 23, 1994, drive-by shooting at Ballard High School that killed 16-year-old Melissa Fernandes.

According to court papers, Mr. Sarausad was the driver of a car full of members of the 23rd Street Diablos, who had been chased away from Ballard High a few days earlier by a rival street gang. Another gang member fired into a group of students. Ms. Fernandes, who had been waiting to get picked up by her mother, was struck in the head.

The shooter was convicted of first-degree murder, and the appeal does not concern him. Mr. Sarausad, then 19, who had sped away and later removed a bullet shell from his car,was convicted of second-degree murder and sentenced to 27 years.

A Brief From Chicago

At issue before the Supreme Court is a ruling by the U.S. Court of Appeals for the 9th Circuit, in San Francisco, that the jury instructions in the case were faulty because they did not make clear that “an accomplice must have knowledge of the actual crime the principal intends to commit.”

The state of Washington appealed the ruling to the high court, which granted review on March 17. The case will be heard during the court’s next term.

A day later, the justices heard arguments in District of Columbia v. Heller (No. 07-290), which examines the constitutionality of a broad prohibition against handgun ownership in the nation’s capital.

Interest in the case was extraordinary because it presented the court with its first opportunity to interpret the Second Amendment in some 70 years.

“A handgun is concealable and movable. It can be taken into schools, into buses, into government office buildings, and that is the particular danger it poses in densely populated urban areas,” Walter Dellinger, the lawyer representing the District of Columbia, told the justices.

The School Law Blog

For regular news and analysis on legal developments affecting schools, educators, and parents, read The School Law Blog.

To be sure, the oral arguments did not dwell on the issue of guns and schools. But Justice John Paul Stevens asked the lawyer challenging the city’s gun limits whether a state university should be able to bar students from having guns in dormitories.

“It’s something that might be doable, but that’s … so far from what we have here,” said the lawyer, Alan Gura. “We have here a ban on all guns, for all people, in all homes, at all times in the nation’s capital. That questionably is too broad and too sweeping under any level of review.”

The court received friend-of-the-court briefs from dozens of groups on both sides of the issue. One of the few school-related groups to chime in was the Chicago board of education, which joined a brief filed by the city of Chicago that urged the justices to uphold Washington’s gun prohibition.

The 415,000-student Chicago school district pointed out to the court that in the past school year, 29 of its students were killed in firearms-related violence. (“Chicago Launches Anti-Violence Effort,” Sept. 26, 2007.)

“During the first semester of the current school year, eight more students have been murdered,” the brief says. “Against this backdrop, [Chicago and its school system] consider it imperative that … the states be free to regulate firearms as they deem appropriate to the particular conditions in their communities.”

A version of this article appeared in the March 26, 2008 edition of Education Week

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Artificial Intelligence Webinar
Managing AI in Schools: Practical Strategies for Districts
How should districts govern AI in schools? Learn practical strategies for policies, safety, transparency, as well as responsible adoption.
Content provided by Lightspeed Systems
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Reading & Literacy Webinar
Unlocking Success for Struggling Adolescent Readers
The Science of Reading transformed K-3 literacy. Now it's time to extend that focus to students in grades 6 through 12.
Content provided by STARI
Jobs Virtual Career Fair for Teachers and K-12 Staff
Find teaching jobs and K-12 education jubs at the EdWeek Top School Jobs virtual career fair.

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Law & Courts Supreme Court Strikes Trump Tariffs in Case Brought by Educational Toy Companies
Two educational toy companies were among the leading challengers to the president's tariff policies
3 min read
Members of the Supreme Court sit for a new group portrait following the addition of Associate Justice Ketanji Brown Jackson, at the Supreme Court building in Washington, Oct. 7, 2022. Bottom row, from left, Associate Justice Sonia Sotomayor, Associate Justice Clarence Thomas, Chief Justice of the United States John Roberts, Associate Justice Samuel Alito, and Associate Justice Elena Kagan. Top row, from left, Associate Justice Amy Coney Barrett, Associate Justice Neil Gorsuch, Associate Justice Brett Kavanaugh, and Associate Justice Ketanji Brown Jackson.
Members of the U.S. Supreme Court sit for a new group portrait following the addition of Justice Ketanji Brown Jackson, at the court building in Washington, Oct. 7, 2022. On Feb. 20, 2026, the court ruled 6-3 to strike down President Donald Trump's broad tariff policies, ruling that they were not authorized by the federal statute that he cited for them.
J. Scott Applewhite/AP
Law & Courts California Sues Ed. Dept. in Clash Over Gender Disclosures to Parents
California challenges U.S. Department of Education findings on state policies over gender disclosure.
4 min read
California Attorney General Rob Bonta speaks to reporters as Arizona Attorney General Kris Mayes, left, and Oregon Attorney General Dan Rayfield, right, listen outside the Supreme Court on Wednesday, Nov. 5, 2025, in Washington. (AP Photo/Mark Schiefelbein)
California Attorney General Rob Bonta speaks to reporters outside the U.S. Supreme Court in Washington on Nov. 5, 2025, with Arizona Attorney General Kris Mayes and Oregon Attorney General Dan Rayfield behind him. Bonta this week sued the U.S. Department of Education, asking a court to block the agency's finding that the state is violating FERPA by <ins data-user-label="Matt Stone" data-time="02/13/2026 4:22:45 PM" data-user-id="00000185-c5a3-d6ff-a38d-d7a32f6d0001" data-target-id="">not requiring schools to disclose</ins> students’ gender transitions <ins data-user-label="Matt Stone" data-time="02/13/2026 4:22:45 PM" data-user-id="00000185-c5a3-d6ff-a38d-d7a32f6d0001" data-target-id="">to</ins> parents.
Mark Schiefelbein/AP
Law & Courts Oklahoma Board Rejects Jewish Charter as Supreme Court Fight Looms
Oklahoma's charter school board rejected the Jewish school as members said their hands were tied.
4 min read
Ben Gamla Charter Schools founder and former U.S. Rep. Peter Deutsch, right, speaks with Brett Farley, executive director of the Catholic Conference of Oklahoma, left, before a Jan. 12 meeting of the Statewide Charter School Board in Oklahoma City. Both are founding board members of an Oklahoma Jewish Charter School.
Ben Gamla Charter Schools founder and former U.S. Rep. Peter Deutsch, right, speaks with Brett Farley, executive director of the Catholic Conference of Oklahoma, before a Jan. 12, 2026, meeting of the Statewide Charter School Board in Oklahoma City. The board rejected the proposed Jewish charter school on Feb. 9, 2026.
Nuria Martinez-Keel/Oklahoma Voice
Law & Courts Religious Charter Schools Push New Cases Toward Supreme Court
Advocates seeking to establish publicly funded religious schools in three states.
9 min read
The U.S. Supreme Court is seen, Wednesday, Jan. 14, 2026, in Washington.
The U.S. Supreme Court is seen on Wednesday, Jan. 14, 2026, in Washington. Religious charter advocates are betting a full Supreme Court will side with their efforts to establish religious charter schools.
Rahmat Gul/AP