Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: SATURDAY, August 27, 1994                   TAG: 9408290046
SECTION: VIRGINIA                    PAGE: C-1   EDITION: METRO 
SOURCE: By LAURENCE HAMMACK STAFF WRITER
DATELINE:                                 LENGTH: Medium

EX-STUDENT GUILTY OF MISDEMEANOR

But for the second time in less than three months, Burke Rucker escaped conviction on a more serious felony charge of possessing a gun on school property.

At a hearing Friday in Roanoke County Circuit Court, Rucker, 18, pleaded guilty to carrying a concealed weapon, a misdemeanor with a possible punishment of up to 12 months in jail.

Defense attorney Jack Gregory argued that conviction on a second charge - a seldom-used felony that makes taking a gun onto school property punishable by up to five years in prison - would violate Rucker's protection against double jeopardy.

Judge Kenneth Trabue dismissed the second charge, which lawyers said contained vague language that might have made a felony conviction difficult even without the double jeopardy issue.

"The overriding issue is, you don't bring guns to school, and Mr. Rucker will end up facing the court for that offense," Assistant Commonwealth's Attorney Susan Cohen said.

"The only question became under which statute would he be held accountable."

Trabue asked for a background report on on Rucker - who is college-bound despite having been expelled from North Cross over the incident - before holding a sentencing hearing.

Rucker admitted bringing an unloaded .22-caliber pistol to school Feb. 1. After school administrators were tipped off and confronted Rucker, he showed them the gun in the outside pocket of his overcoat, which had been on top of a locker.

Will Stacey, headmaster of the private school, has said that Rucker brought the weapon to school after a disagreement with another student at an off-campus party.

At first, Rucker was charged only under the felony law, which contains an exception for unloaded firearms in a "closed container." Gregory argued in June that his client's coat pocket was a closed container, and a judge in General District Court dismissed the charge.

Prosecutors then sought grand jury indictments on both the felony charge and the misdemeanor of carrying a concealed weapon. They got the indictments and took the case to Circuit Court.