Atty: Alleged school shooter was abused

PORTSMOUTH, Va. (WAVY) - The defense attorney for the 15-year-old boy accused of firing shots in a Portsmouth high school last month told a judge Monday that the teen has been physically and sexually abused, and that his mother did drugs while she was pregnant with him.

Facing a judge's decision to be tried as an adult, Keith Elliott's attorney said the teen needs help, and asked the judge not to throw away the key on him.

"If you send him to to circuit court you will just create a bigger, badder person," his attorney said. "If he wanted to hurt someone, he could have. But he didn't."

The judge said that Elliott has had help in the past, and that he had been placed in juvenile homes before and continued to commit offenses after getting out. The judge sent him to circuit court to be tried as an adult.

Many of those involved in the incident testified Monday to what they witnessed.

Detective Robert McDaniel took Elliott's statement the afternoon of the alleged shooting at Woodrow Wilson High School on April 28. He told the court that Elliott admitted to smoking marijuana and drinking alcohol earlier that day.

McDaniel said that Elliott confessed to bringing the gun to school, and admitted to firing three shots. He also told the detective that he had had a dispute with a teacher and wanted to show that teacher that he is "not a punk."

Elliott told McDaniel that he was not after anyone.

Another Wilson student testified Monday that Elliott--who was on suspension from school at the time--came to a door that is always locked to the outside, showed him the gun, and told the student to let him in.

In-school suspension Coordinator Leon Taylor testified that Elliott walked into the suspension classroom at about 12:15 p.m. that day.

"He seemed aggitated," Taylor told the court. Then he saw the gun, and Elliott said, he was tired of everyone picking on him. Seconds later, Taylor said he heard the first shot.

Security Officer James Flippins soon got a radio call about a student with a gun. At this point, Elliott was in a hallway outside the cafeteria, where he was met by Flippins.

"I saw the gun in his hand and I stepped back," Flippins said. He said Elliott looked at him, smiling, and said "They're not going to mess with me today, are they?"

"I looked around the corner and saw him point the gun to the crowd in the cafeteria," Flippins told the court. "Then he raised it and pointed to the ceiling and shot. I told the dispatcher, 'He is firing now.'"

Witnesses said that Elliott then left the gun, a 9mm Luger, on a table in the cafeteria and then walked out.

Testimony about Elliott's criminal past was presented, which revealed that he had been convicted of assault and battery several times, and that his criminal behavior had gotten worse over the past few years. He was sent to the Chesapeake Boys Group Home in 2007.

No one was hurt in the shooting incident.