UPDATE: No Charges in McGroarty's Jan. 9 'Disruption' Over Pledge at Mill Creek Elementary
Kane County State's Attorney's Office conducts full investigation prior to decision. School District 304 adds a statement.
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No criminal charges will be filed in a Jan. 9, 2013, incident at Mill Creek Elementary School in Geneva involving parent/volunteer Colin M. McGroarty.
According to a press release issued Friday by the Kane County Sheriff’s Office, sheriff’s investigators interviewed all known witnesses, as well as school officials who were present in the building but did not witness the incident. The investigators also reviewed "other statements and information that was relevant to the investigation," the press release said.
When the investigation was complete, the Kane County State’s Attorney’s Office reviewed the facts and findings with sheriff’s investigators and determined that McGroarty's conduct, "although disconcerting, was not criminal." The sheriff’s investigators and Kane County Sheriff Pat Perez were in agreement with this conclusion.
Relative to the incident and investigation, Kane County State’s Attorney Joe McMahon said:
“The individual in question in this case certainly showed a gross lack of judgment through his actions in Mill Creek Elementary School on Jan. 9. He compounded the situation by emailing a note about the incident to other school parents and by making additional statements about the incident via social media.
“But his behavior, although inappropriate, irresponsible and lacking in even the most basic common sense, was not criminal conduct. The investigation revealed that the learning environment was never unlawfully disrupted, nor was the safety of the students, teachers or anyone else ever at risk.
“Because of this individual’s actions, Geneva Community Unit School District 304 has permanently prohibited him from setting foot on district property. That would seem to be the most appropriate response to this incident.
“The safety of the students and teachers at every school in our community is —and will continue to be — of paramount importance to all of us in Kane County who work to protect the public.”
School District 304 Adds Official Statement
- The following statement was added Friday by School District 304, following the announcement from the Kane County State's Attorney's Office.
The Kane County State’s Attorney’s Office announced earlier today that charges would not be filed against the parent who created a disturbance at Mill Creek Elementary School on January 9 and then proceeded to post messages via social media and email District Board members, administrators and a select group of parents in the Mill Creek community about the incident.
Geneva School District officials are grateful to the Kane County Sheriff’s Department and Kane County State’s Attorney’s Office for their assistance in the matter. We are appreciative of their fast work, thorough investigations, and commitment to the safety of our students and staff. We also thank the Geneva Police Department for their work in providing extra presence throughout our schools.
Though it has been determined by the State’s Attorney’s Office that this individual’s actions and statements following the incident were not criminal in nature, they did disrupt the school day, were perceived by many as alarming, and created an atmosphere of uneasiness in our school, our District, and our community. Geneva School District has permanently prohibited this individual from entering school property.
Particularly in the current climate of school violence, the disruption of the school environment will not be tolerated. As has been reiterated several times in recent months, the safety of our students and staff has been and will remain a top priority in Geneva School District.
We thank our staff, students, parents and community for their continued efforts to make Geneva a safe place to live and learn.
SOURCES: Kane County State's Attorney's Office, School District 304
MK
11:54 am on Friday, January 18, 2013
Glad to see cool heads prevailed
Private User
4:32 pm on Friday, January 18, 2013
completely agree. What he did was stupid but not illegal.
craig
2:29 pm on Friday, January 18, 2013
Someone should tell Derick Orr and his lawyer that while his "....behavior, although inappropriate, irresponsible and lacking in even the most basic common sense, was not criminal conduct."
You, know Derrick, He's the guy in Rick Nagel's other story "False 911 Armed Robbery Report at Geneva Commons Leads to Disorderly Conduct Arrest "
Private User
4:40 pm on Friday, January 18, 2013
I thought there was damage to property involved in that one... maybe I read it incorrectly....
John Perdikus
3:27 pm on Friday, January 18, 2013
Though it has been determined by the State’s Attorney’s Office that this individual’s actions and statements following the incident were not criminal in nature, they did disrupt the school day, were perceived by many as alarming, and created an atmosphere of uneasiness in our school, our District, and our community.
vs.
(720 ILCS 5/26-1) (from Ch. 38, par. 26-1)
Sec. 26-1. Disorderly conduct.
(a) A person commits disorderly conduct when he or she knowingly:
(1) Does any act in such unreasonable manner as to
alarm or disturb another and to provoke a breach of the peace;
Private User
4:32 pm on Friday, January 18, 2013
Really John? Have you "holier than thou" jerks not done enough damage to this guys reputation yet? What exactly would you have them do? He didn't do anything illegal, just was very very stupid. Luckily for you being stupid is not a crime or you would be serving a life sentence....
EnoughAlready
5:41 pm on Friday, January 18, 2013
If/when he snaps, everyone will be saying "How did a guy like this fall through the cracks". I truly hope the police read his facebook page and realize this individual is crying out for attention and needs some help...
LC
12:30 am on Saturday, January 19, 2013
Yes, his FB page is very revealing. He does appear on the troubled side. Given the events that took place with him at the elementary school, his very public display of his troubled personal life, and his radical right wing ideology... I am sure he remains under close observation by the authorities. Some things are better kept private and there are constructive ways to get ones point across. I'm sure this has been a lesson learned for him.
zlp
8:10 am on Saturday, January 19, 2013
"(given his) right wing ideology... I am sure he remains under close observation by the authorities. "
A sad statement of our times
LC
12:33 am on Saturday, January 19, 2013
Private User...Colin McGroarty damaged his own reputation. He has needed no help from others.
R G
6:30 am on Saturday, January 19, 2013
Good. His actions were stupid, that's all.
Marlene Schumann Sellberg
10:13 am on Saturday, January 19, 2013
A shame that his child/children will never have their father at a school event. Sports, teacher meeting, dances, graduation, etc. a shame that they will have to suffer their fathers punishment.
Jeff Ward
1:10 pm on Saturday, January 19, 2013
Marlene,
It's more serious than that and it should be. As a result of his utter stupidity, McGroarty's wife took out an order of protection against him which includes the children's school. Thus, until family court works something out, he can't even go near his kids right now.
Jeff
Avett Green
2:33 pm on Saturday, January 19, 2013
He. Needs. Help.
And now, according to his f.b. page, he's headed to Obama's inauguaration. It just seems very bizarre to me that he would even want to go! Somebody needs to warn Washington, D.C.
LC
12:07 pm on Saturday, January 19, 2013
Zip...I a supporter of right wing ideology. It is the "radical" part that is unfavorable.
JuleS
11:09 pm on Saturday, January 19, 2013
Shut up, PrivateUser. Your never-ending ranting and name-calling puts you in the same category as McGroarty, and the rest of us are over your waving arms and frothing at the mouth.
So McGroarty's actions were "not criminal conduct ." I guess a threat really isn't a threat until an actual shooting is involved, eh? Or it's not criminal conduct until someone gets hurt. What IS criminal is that this jerk (McGroarty, that is) wasn't made to pay the consequences of his very immature, asinine and just plain stupid actions. Did anyone make note of the fact that his WIFE has taken out an order of protection from this wild-eyed fanatic?
Private User
2:56 pm on Wednesday, January 23, 2013
Since you've pulled yourself away from Oprah long enough to type a message.... what EXACTLY do you expect to have happen? How is he supposed to "pay the consequences" of his actions? Go back to your glass house and quit throwing stones.....
LC
11:36 pm on Saturday, January 19, 2013
It has been speculated in previous posts/responses that "Private User" is Colin McGroarty.
JuleS
4:51 pm on Sunday, January 20, 2013
That would come as no surprise whatsoever, given his past behavior and evidence of his.... how do I put it, brain power?
Private User
2:58 pm on Wednesday, January 23, 2013
Since McGroarty is putting everything public on Facebook... why would he come on here and not use his real name? You two are idiots... and you've proven it with every post.
Plk
8:21 am on Sunday, January 20, 2013
“People with courage and character always seem sinister to the rest.”
-Hermann Hesse
JuleS
4:53 pm on Sunday, January 20, 2013
Are you implying that McGroarty has "courage and character?!" Yeah, I guess it takes a lot of courage to pop off in front of young children, and make online threats. Yessiree, Homer, that's one man we ALL want to look up to!
Jax
3:14 pm on Monday, January 21, 2013
Plk is McGroarty.
Private User
2:59 pm on Wednesday, January 23, 2013
Wait!! I thought I was Mcgroarty! You two really need a hobby...
LC
1:09 pm on Sunday, January 20, 2013
One can have courage and character and NOT behave unhinged and scary in front of small children. A role model he is not.
JuleS
4:27 pm on Monday, January 21, 2013
Thanks, Jax. Now we know.
juicebox
12:34 am on Tuesday, January 29, 2013
this man belongs to the school for the politically insane. just read his facebook and youtube mind benders. yes, he is extremely dangerous and the court needs to uphold the no trespass order when he appears jan 31, thurs. one doesnt need to be a SA to figure that out. and for his own kids safety, needs to uphold his normal ex-wife's order of protection. lets thank God for her kicking his ass out of her life. this man has a history of stupidity and has nothing left. he is a pathological clever liar, his threatening email to the school is criminal. this man should be banned from the planet. this man is mental and needs major help asap.God pray for his children and keep them safe.