News 12; February 16, 2009

BURNETTOWN, S.C. --- The two 10-year-old boys caught with pot at Jefferson Elementary School earlier this month will not face criminal charges. Aiken County Family Court Solicitor Serena McDaniel tells News 12, she is signing off today not to prosecute the two boys because they are just too young to have charges placed against them.

She met with Solicitor Strom Thurmond and Burnettown Police Chief D.P. Smith to make that decision.

McDaniel tells News 12, the SC Dept. of Juvenile Justice does not have the capacity to handle the 10-year-olds should they have been placed on probation and got in trouble again.

We're told SC DSS has been notified and they could still investigate for potential drug abuse in the homes of the two boys. But, she adds, they do not know where the drugs came from in the first place and they may never know.

The two boys were caught at Jefferson Elementary school on Feb. 5th with about 3 grams of pot, trying to sell it to other students in the school for bubble gum, pie and money.

At the time the two were caught, only one of the students had the pot on them, but the other student admitted to having it earlier in the day. The two changed their story on just where they got the pot in the first place.

The two were recommended for permanent expulsion from the Aiken County School District by school officials. They are expected to go before the Area 3 Advisory Council this Thursday to discuss any potential consequences from the school.