UPDATE: Students To Get Guns Back In Gonzaga Weapons Violation C - Spokane, North Idaho News & Weather KHQ.com

UPDATE: Students To Get Guns Back In Gonzaga Weapons Violation Case

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Gonzaga Students Erik Fagan and Dan McIntosh face possible expulsion from the university for pulling a gun on an intruder. Gonzaga Students Erik Fagan and Dan McIntosh face possible expulsion from the university for pulling a gun on an intruder.
EXCLUSIVE: Gonzaga Students Erik Fagan and Dan McIntosh pick up their guns from the Gonzaga security office. EXCLUSIVE: Gonzaga Students Erik Fagan and Dan McIntosh pick up their guns from the Gonzaga security office.
John Taylor John Taylor
SPOKANE, Wash. -

UPDATE: 

Gonzaga students Dan McIntosh and Erik Fagan have now acquired their weapons that were taken from them by campus security four hours after they fended off a home intruder on October 24th. Weapons any place on the G.U. campus or at any university residence is prohibited. McIntosh said that they did not know they could pick them up immediately until KHQ informed them of an e-mail we received from the university stating that they could have their guns back. The only restriction was that the students had to move the weapons off campus to a non-university residence which would be in compliance with the weapons policy.

Previous Coverage: 

The two students who used a gun to fend off a home intruder got their guns back Tuesday night. Erik Fagan and Dan McIntosh had their guns seized by the university after they used a weapon to defend themselves when a six-time felon attempted to enter their apartment. The apartment is not owned by the university but because Gonzaga leases it, it is considered a university residence. Weapons are not allowed on campus or at any off campus university residence. Late this afternoon Gonzaga sent this e-mail to KHQ's Alex Rozier:

On Monday, Nov. 11, with the University Discipline Board process concluded, Campus Security contacted the students and informed them they may retrieve their firearms immediately, under the condition that the weapons not be stored at their Gonzaga residence or at any other property owned or operated by Gonzaga University, in compliance with Gonzaga's Weapons, Fireworks and Explosives policy.

KHQ spoke with Daniel McIntosh and Erik Fagan Tuesday night, and we were with them as the went to the campus security office to get their guns back. The only stipulation is that they cannot take them back to their apartment. 

Previous Coverage: 

SPOKANE, Wash. – Two Gonzaga Seniors were placed on probation Sunday, as a result of the way they defended themselves after a six time felon attempted to enter their apartment. Seniors Daniel McIntosh and Erik Fagan got a knock on their door around 3:30 p.m. Sunday afternoon. When they answered, they were hand delivered the ruling from the University Discipline Board Hearing they attended earlier in the week.

Both students have been placed on probation for the rest of their time at Gonzaga University. "Well granted they didn't give us the big chicken dinner of expulsion or suspension, but they gave us something that will follow us," said Gonzaga Senior Daniel McIntosh. "It's now on our educational record and it's going to follow us around, job interviews, anything like that," said Gonzaga Senior Erik Fagan.

"People that look at our transcripts are going to see that we've been charged with violating weapons policies on Gonzaga's property, so that's something we would like to not have on there, because we feel like we didn't do anything wrong. We were just defending ourselves."

In the ruling it states that the students violated the University's weapons, fireworks, and explosives policy as a result of the incident that happened last month at their apartment. The two share an apartment off campus. However, because it is owned by the university, Gonzaga says the school's no weapons policy still applies.

On October 25, 2013, Erik Fagan answered the door thinking it was a friend coming back to pick something up. Instead, it was a six time felon named Jonathan Taylor. The students say Taylor demanded money and tried to force his way inside. "This was going somewhere that I didn't want it to go. I was starting to be afraid and fearful and when he starts threatening us and trying to come in the doorway, that's when I called for my roommate Dan," Fagan said.

That is when McIntosh came down the stairs with his pistol. He never fired the gun, but the sight of it was enough to make the intruder leave. "I feel like I restrained myself from using the force in a correct manner," McIntosh said. I used enough force to persuade Mr. John Taylor to leave." Both students say they thought their lives were in danger and that this was the only way to defend themselves.

They both now plan to appeal the university's decision to place them on probation. They also hope this will help change the school's policy in the future. "Further I would like to open up a dialogue about these policies because I believe if these policies are about campus security, they are ineffective because if we would have followed these policies, campus security would not have been ensured," McIntosh said.

McIntosh also says he immediately told both Spokane Police and campus security about his guns that he legally owns when they arrived at the apartment after the incident. However, it was not until three hours later around 2:00 in the morning the night of the incident, that campus security came back into their apartment and confiscated the weapons.

McIntosh has yet to get those back. He plans to take legal action to have them returned, as well as file an appeal.

PREVIOUS STORY:

Gonzaga University will re-examine its weapons policy following an incident with two students and a home intruder two weeks ago. In the meantime the current policy remains in effect. The current policy states that there are to be no weapons on campus or any university owned property.  Both students will learn whether or not they will be expelled early next week.  Student Erik Fagan had this to say about the university re-examining their weapons policy:  "I am very happy to see that they are looking to have a conversation about policies. Because as of now they are making us decide to either protect ourselves and face punishment from the school or follow the policy and not be able to defend ourselves."
-Erik Fagan on GU Presidents statement that he will re-examine weapons policy

Here is the letter from the university president about the issue of safety on university owned property:

During the past forty-eight hours, there has been a significant amount of communication regarding a recent neighborhood incident involving two of our students, the institution's policies as regards possession of firearms in campus housing, and concerns about the University's response to this incident under its Code of Conduct.  I believe it is in the best interests of our Community to utilize this set of circumstances to address several of the key issues that have arisen.

First, the University takes seriously its responsibilities under its own policies and the Family Educational Rights and Protection Act (FERPA) to preserve the privacy and confidentiality of our students.  This protection includes their right to privacy as regards disciplinary proceedings and outcomes.  While the specific outcome of the disciplinary hearing that took place yesterday is confidential, it is my understanding that the outcome itself was communicated to the students yesterday afternoon.

A primary obligation of Gonzaga University is to work to ensure the safety and security of its students, faculty, staff and local community.  To this end, Gonzaga hires its own Campus Security and Public Safety officers, who work in close concert with the Spokane Police Department.  It also employs a number of individuals, including students (e.g., Residence Hall Staff) who are designated as responsible for working with students and staff to ensure compliance with University Policies -- all of which are published, readily available, and exist to protect the health, safety, and welfare of everyone at the University.

Many of the policies promulgated by Gonzaga University exist either as a function of (a) our Mission as a Jesuit, Catholic university, (b) federal, state, or local regulations, or (c) the need to create framework in response to actual incidents which have occurred at the institution over time.  Gonzaga is very similar to many other schools, colleges and universities around the country which prohibit students' possession of firearms in campus housing facilities; the overarching objective of these is to minimize the potential for intentional or unintentional harm.

In light of the specific circumstances reported in the Gonzaga Bulletin and the press, there have been calls for a re-examination of the University's policies relating to firearms.  As a Jesuit institution dedicated to the thoughtful evaluation of complex social issues, I believe this to be an opportunity to do some important work, as a community: to objectively re-examine our firearms policy and openly debate perspectives and contextual issues with an eye towards an honest and open review of the same.   Therefore, I have asked our Vice President for Student Development, Dr. Biggs Garbuio, to work in conjunction with GSBA and RHA to facilitate a campus dialogue focused on this issue.  In the meantime, the Student Handbook and its Code of Conduct are in effect and all students are obligated to know their rights and acknowledge their responsibilities as established within them.

Finally, I do wish to make a point which I believe to be both relevant and important at this time.  Gonzaga University is itself part and parcel of a larger community -- which includes the Logan Neighborhood, Mission Park, the University District and Downtown.  A significant number of Gonzaga students live side-by-side with families and long-time residents of these areas.  Just as students have a right to feel safe and secure in their residences, so too do the non-student members of the community -- a point which obligates us all to recognize that everything we do affects others.  The families and long-time members of the Logan Neighborhood and Gonzaga University are important partners in the shared goal of working towards a safe living environment for all -- one we will continue to work hard at creating, every day.

UPDATE: 

_________________________________________________________________________________________

SPOKANE, Wash. - Two Gonzaga students are facing possible expulsion from the University after they pulled a weapon in self defense as a six time felon attempted to get into their on campus apartment. According to the student handbook, students may not possess handguns on campus or university owned property.

On Friday a university discipline board decided to move forward with sanctions, including possible expulsion, for using the weapons. The students will learn in the near future about their future with the school. It all happened late in the night on October 24th when roommates Erik Fagan and Dan McIntosh were hanging out in their university owned apartment. 

At 10:15 Fagan answered the door and was greeted by John Taylor. Taylor is a felon with an extensive criminal history and when he arrived Fagan said Taylor showed him what appeared to be an ankle bracelet as he tried to intimidate him. Fagan said Taylor then demanded money and was frustrated when he was turned down.

Taylor then attempted to force entry into the apartment. At that point McIntosh brandished his pistol. McIntosh has a concealed weapons permit for the gun and did not know it was in violation of policy at the time. Once Taylor saw the gun he left the property. McIntosh said Spokane Police took Taylor into custody after their report because he was wanted on a Department of Corrections warrant. 

Gonzaga released a statement speaking of their long standing weapons policy that has been in effect. The University says the policy has been in place to reduce threats to the school. This story is developing and will be updated as more information becomes available.

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