No charges for alarming Facebook post

CAMAS, Wash. -- A parent who posted an alarming Facebook message on Tuesday night will not face any criminal charges, officials said Thursday.
Jeff Berni, the 39-year-old parent of a Skyview basketball player, called his actions "stupid" and apologized when he spoke to Camas police and Clark County sheriff's deputies, police said.
Berni was apparently frustrated after a boys' basketball game between Skyview High School and Camas High School when he posted the status update sometime on Tuesday evening.
The post said: “Camas fans!!!!! Worst in the league!!!!! I hope someone shoots up their school really soon!!!!!!!!”
The post followed a confrontation after the game between Berni and a group of students, said Josh Gibson, Camas School District's athletic director.
Camas High School's principal notified police, who launched an investigation.
Camas police said Thursday they will not recommend criminal charges against Berni.
"While Berni's actions were alarming, his actions did not reach the level of a criminal action," a Camas Police Department press release said.
One of the charges that prosecutors were considering -- harassment -- involves making a direct threat to a specific person and causing "reasonable fear."
"It’s not against the law to wish harm on somebody else,” said Camas police Sgt. Scott Boyles.
The father is barred from coming onto Vancouver School District property and Camas School District property, school officials said.
Both police and school leaders said they found Berni's post especially alarming in light of the recent shootings across the nation.
So I don't condone his childish outburst but I have to ask, can they really ban him from school property?  Considering it's publicly owned property and he has a child attending which means he may have a reasonable need  to go on school property I'm not certain they can really keep him out.  It was a poor comment but not something that could reasonably be considered a threat so I wouldn't think they would have legal grounds for a restraining order.  Kinda feel that both sides need to grow up, I can't imagine this is an enjoyable situation for the child.Â
So what do you have to do to be charged??? Many people have been charged for threats - which this clearly is - a threatening (and encouraging) statement - do you want to wait and see if they are serious? Children are expelled for pointing fingers at each other and saying "bang bang you are dead "- This is an adult and they should know better. Make a stand - gun control?? haha - it's people with guns and this person is encouraging actions we abhor - we need to take action or sit back and let it happen. Stand up and do something or be silent and let it happen - eventually it will happen to you. All it takes for evil to prevail is silence from those who observe and deem themselves removed from the issue.
 @myvoice16 Although I do not condone posting such a horrible comment we cannot and should not press charges every time someone make an off-color remark.  What he said was not really a threat any more than a child wishing someone was dead and there really isn't a legal ground to press charges.  Unfortunately if a school decides to expel a child for pointing a finger it is based on that schools policy not that I would agree with it.
Frankly, I'm appalled that tlhe statement is even remotely considered a criminal act. Our Constitution guarantees us the freedom of speech. Nowhere does it say anything about conditional circumstanses, or even limitations in regards to anything. We have the freedom to say what we damn well please. One can be held liable for slander. But that entails personal litigation. You must always remember, we have the freedom to do whatever as long as it doesn't "infringe" on the rights of others. Keep that in mind, and don't let the laws and govt. corrupt it or pervert the meaning.
I used to volunteer referee kids sports when I was younger, it always amazed me how many parents were such poor sports and horrible examples for the kids, guess nothing has changed.Â
Criminal charges or not, It was a stupid thing to post on Facebook and in very bad taste after all of the School shootings that have happened. Good idea to think before you speak, or in this case before you write.
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 @Dr. Rawdog "What?! Just a lousy 5"?! What happened to the other 4" you were so proud of?!"
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 @Mike Smith I'd like to propose bans on extreme body odor and women who wear too much cheap perfume!
Alarming is right.. This guy should be investigated.. Makes you wonder what goes in his house... We will hear from this one again I am quite sure...
Even most high school kids would know better than to post a comment like that. No, it's not illegal to wish harm on others, but you look like a complete idiot when you wish for someone to shoot up a high school. I bet his kids are dying of humiliation right now.. And I'm glad he got plenty of media attention so everyone he knows is aware of what a 'tard he really is..
 @StealthActivist   ", , , so everyone he knows is aware of what a 'tard he really is.."
So long as that word begins "bas-" and ends "-tard" I'd agree with you.
All this guy needs is some donuts and a nuke plant. You should read his apology. It says he doesn't actually wish harm on anybody. Except the terrorists, and then he drops the F bomb. It's poetry.
So, first this guy gets into an argument with a group of high school kids and then goes home and posts that kind of comment on his facebook page? And he's 39 years old? We can only imagine what kind of role model he is; I really feel for the poor kid(s) who have to call this person, 'Dad'.
Folks post nekked pictures of their 'junk' on Facebook and other stuff that would make a Nun blush - the guy got his by being banned from any school property which is all anyone should have expected knowing the Chief of Police of Camas since we went through the police academy together and knows the difference...
@boned Facebook is good about removing pictures like you described.I have yet to see full on nudity directly posted.
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 @Fed up Fed  @boned According to Avenue Q, I thought the Internet was for porn!  ;)
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http://en.wikipedia.org/wiki/Avenue_Q
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 @Fed up Fed "...free speech..." in this day-and-age? Not for much longer if the UN has its way with the Internet under The King...
"No charges for alarming Facebook post"
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Well, I guess this means KATU is no longer in the business of delivering impartial news, either. Â ;)
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Shouldn't the headline read "questionable" as opposed to alarming? Â After all, if the idiot isn't being held legally accountable, I would think he didn't do anything legally "alarming", either.
So KATU are we going to get the name of the person who "Liked" his comment too? Why not blast his name and get involved with that persons life as well?
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You clowns wouldn't be posting this story if the freezing rain would have developed you predicted.Â
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P.s. I hope somehow this guy can sue your garbage A$$ drama filled newstation for defamation of character.
 @speciesist I went to school with this guy for a long time... he hasn't changed a bit and this didn't surprise me in the least. He is and apparently is still just a scumbag
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 @speciesist Doesn't meet the legal requirement of defamation (that's been hashed out in the forums before).  His action resulted in an investigation and part of the public record.  But I do think the story was blown out of proportion.
It's right that no criminal charges were laid on him. He technically didn't do anything criminally wrong. HOWEVER, he should be fined for the time the police had to take to search him out and talk to him over such a stupid comment. Personally, I would love to see him on a busy street corner with a sign on him stating what he did and that he was a bad role model for his kid(s) and others. Harsh but I bet he wouldn't do it again. It may not have been a threat but then it could have turned out to be. What if some friend of his son or his son took it literally and acted upon it? He got off too easy.Â
Oh, that's nice. He apologized for making what appears to be a death threat <okay, a bassackwards threat> and apologizes , , , , , {smack forehead!}
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IT'S OKAY?!
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Kids in kindergarten are thrown out of class for so much as talking about shooting another kid with a FLOWER BUBBLE GUN, for crying in the buttermilk, and they are nearly charged with a TERRORIST ACTION!
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Oh, well , , , , , , Never mind.
<erase erase erase>
 @Jumpin' Jehosophat Kids in kindergarten don't have the same free speech rights that someone has when dealing with police and/or the courts.
 @knottriel  Oh, I see -- a poor excuse is better than none at all, I suppose.
 @Jumpin' Jehosophat Kindergarten kids are being indoctrinated - this guy never was...
 @boned  The guy is under 40 -- yes, he was indoctrinated. It just wasn't as strong a message as it is now and obviously didn't take.
May not be illegal, no charges have been filed, but I think he ought to be banned from attending future youth sporting events. Clearly he doesn't understand good sportsmanship, and can't positively contribute to the atmosphere at the events.
WTF is the world coming too??? Someone is being threatened for using "FREE SPEECH" via the internet! The internet has always been the place of Free Speech and trash talking. OK, what he said was insensitive but blasting his name through the News channels??? This guy could be killed over something like this or lose his job (Probably did), oh but thats just another story for the local news! Can't we focus on Real World Problems?
I wonder why the KATU story mentions Jeff Berni's criminal history but not the story online? Last year he was in court for animal cruelty charges for abandoning his dog. He has has recent convictions for domestic violence as well according to the story aired on KATU. Certainly speaks of his character.Â
 @leapfrogger But didn't you know? We must feel sorry for him.
Silly buggers!
If you google "Jeff Berni", one hit will let you know that there are two people by that name in Washington. How would you like to be the OTHER one?
 @HenryBowman I had a similar experience some years back. My full name matched that of a guy wanted in Idaho for a HUGE mariuana grow op, back in the late '80's. I had no idea why I was being shadowed by my town's cops, or when I went out of city limits, there would always be a sheriff's deputy prowler around. Turns out, LEA hadn't bothered to check SSN's until I pointed it out to the nice pair of officers (one of whom I had grown up with and graduated high school with) who knocked on my door at 1:38 AM (date witheld for obvious reasons) one morning to take me to the station and ". . . have a little chat . . . " with me.
Eventually, we all laughed about it, but it was still scary at the time.
I agree that it wasn't illegal but he's still a complete, and utter d--che and his family, relatives, friends, coworkers and community all know it now.  The districts did exactly the right thing by barring him from school property.
I feel sorry for the son, he has to live with the shame of the father. Even though his post may not have been "illegal", this adults alarming lack of good judgement should be taken very seriously and it sounds like it was. If this had been handled too light heartedly, we may have found out too late if the guy was actually a lunatic instead of just brainless. Glad to hear he is barred from Vancouver and Camas school districts property! He "wished harm" on a school full of CHILDREN!  He got off too easy, "illegal" or not. Â
If wishing harm to someone counted, most anti-Obama people would be in jail, most anti-Hispanic people would be in jail, most anti-poor people would be in jail, and pretty much anybody with an ex-anything would be in jail, along with anyone who has ever put up with a bully, a bratty sibling, a teacher they disliked, a parent's rules, or a driver that cut them off...
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I doubt there'd be anyone left outside of jail to help pay for keeping everyone in. There's a point where it's time to draw the line... and we're quite a few common sense steps past it.
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Yes, the dad's a jerk. Last I noticed, it isn't criminal to be a jerk... and no matter how much I might wish otherwise, we simply can't afford to change that.
Learn something from the Amish...shun him!
@kidt3Â Consider it done!
stupid should be painful
 @oh4FS It is! If you having a sliding glass door at home, and expect it to open and close automatically, you're bound to feel pain when you keep walking into it when it's not opening!
So, he gets reprimanded for his stupidity and the students' behaviour gets defended.. that explains a lot around here.
They didn't say they were going to shoot any one...
As politically incorrect as the post may have been, it was not illegal. In the 1970s it was quite normal for parents to actually hit any school boy that gave them the finger and the boy would have been suspended! What is really disturbing is the fact that three times now KATU has misquoated the posting and I am not the first to point it out..... Granted it's only an ommission of "ly" from the end of "really"..... And they even have a picture of the actual post right above the mistyped quoat. They also added two exclamation marks, but then whose counting...... :-}
HAHAHA subtracted two exclamation marks..... But the I got a C- in journalism back in '76.....
 @MickRoh Disturbing indeed...probably caused by otemeal cookie crumbs, but don't quoat me on that.
Let the court of public opinion penalize him. Â The Camas community should shame him!
As unbelievably stupid/idiotic/insensative/moronic as that comment was..... its not illegal.
Stupid, obnoxious, tasteless .... but not illegal. You have the right to be a total ass, just like Congressmen everywhere.