Zimmerman: Punishment out of ‘Spite’
Jake Zimmerman will not get to walk at East Paulding High’s graduation ceremony after action taken by the Paulding County School Board at its Tuesday night meeting.
Paulding County School Board members at their meeting Tuesday voted to uphold a student’s long-term suspension—and then some.
Jake Zimmerman, one of 24 teens arrested following the March 11 vandalism of East Paulding High School and surrounding areas, will now also be barred from extracurricular activities, including graduation, following the school board’s 6-1 vote to uphold the decision of the disciplinary tribunal and add the additional stipulations to the original punishment levied by the district. Board member Nick Chester made the motion to uphold the punishment with the new stipulations, with Chairman Michael Skelton providing the second. Theresa Lyons provided the only dissenting vote against the decision.
The vote followed a closed session that lasted nearly four hours.
“It just really hit me hard. It was the last thing I expected to happen—the most I expected to happen would be for it to just remain the same, but nowhere in my mind did I think they would make the punishment worse just because I decided to stick up for myself,” Zimmerman said just minutes after the board’s decision. “I just think it’s completely wrong.
“I think just because I wanted to stick up for what I believed in, I feel like they just kind of wanted to spite me for that.”
Zimmerman’s original punishment, which he says was also levied against others involved in vandalism of the school and nearby roadway, included 10 days of out-of-school suspension followed by long-term suspension for the rest of the year, the latter of which is carried out by the Ombudsman program. But that punishment package would still allow those involved to graduate from East Paulding and participate at graduation ceremonies.
But based on the board’s decision Tuesday, Zimmerman likely will not get to walk across the stage during commencement exercises.
“I think [the board’s decision] is just a mean and spiteful thing to do,” said Attorney Lester Tate of Akin & Tate in Cartersville, who is representing Zimmerman. “What you have here is a kid who has worked very, very hard to be valedictorian, class president, STAR Student, and simply because he stood up for himself, then the board wants to act out of spite. There’s no way to characterize it other than just pure meanness to a kid who has done absolutely nothing to deserve it.
“I’m very disappointed in the board tonight. They simply want to try to punish him for exercising his constitutional rights and his freedom of speech.”
No official word on the punishments of those involved in the vandalism have been released by school district officials, who said that privacy laws prevent the district from revealing how many students were punished, what punishments they received or whether students’ punishments differed.
If Zimmerman remains barred from participating in commencement exercises, that could mean East Paulding’s valedictorian won’t be present at graduation.
“As of now, I’m still valedictorian as long as I keep up my grade point average, but granted, that’s going to be very hard considering I’m at the alternative school,” Zimmerman said. “It’s going to be hard without instruction, but I’m going to try my best to remain valedictorian.
“It’s kind of like my last act to show them they can’t change me regardless of what they throw at me.”
‘A Senior Legacy’
Neither Zimmerman nor Tate deny Zimmerman’s involvement in the vandalism, but say it was limited to spray-painting the intersection in front of the school—a long-time tradition for the school’s senior classes, they say.
“It’s been going on for at least the past 10 years. It’s always just been a senior legacy—for lack of a better phrase, ‘leaving our mark’ on the school,” Zimmerman said. “As long as I can remember, it’s just always been something the seniors did to show their senior pride. So being the class president, I wanted to participate in this and kind of show my school spirit—I never knew it would result in this.
“Nobody has ever been punished, and they claim that’s because no one has ever been caught, but there have been instances where people have initialed their graffiti, but there was no investigation that resulted from that,” Zimmerman added.
“Jake didn’t do anything to the school—that was one of the things that a lot people were upset about, that there was vandalism on school property,” Tate said. “Jake painted on a roadway—not that that’s a good thing, but certainly didn’t vandalize the school building or anything on school property.”
The total aftermath of the March 11 vandalism saw school buildings spray-painted to include windows; some perpetrators also made it onto the school’s roof, which was also painted. Some of the paintings across the campus, in addition to “Senior” and “2012,” also included the text “YOLO” and “Musgrove is a [expletive]”—the latter message seemingly targeting Assistant Principal Greg Musgrove. In all, school district officials said clean-up of the damage to East Paulding High was estimated at $7,500.
Tate says to his knowledge, no other students involved in last month’s incident have received the ban from extracurricular events, including graduation, which Zimmerman received.
The next step for Zimmerman and his family, Tate said, could be to take their issue to court. Another option is to appeal the county board’s decision to the state school board. “We’ll be looking at all those options the next several days and try to decided exactly what to try to do,” he said.
No matter which step Zimmerman takes, one thing remains set—he’ll still attend Georgia Tech after receiving his diploma.
“I’ll still be able to go to college and I’ll be able to forget about this eventually in the long run, but just for now, it’s really hard to grasp, because I really did still want to walk with my peers and be able to go through the same things they have the privilege to go through,” Zimmerman said. “This doesn’t change Georgia Tech. I actually spoke with them, and they were really level headed about the situation.
“Compared to this school system, they seemed completely sane—they said this happens, kids make mistakes, they understand that. They just want me to have a fresh start there, which is really comforting, as I’m just ready to start my life there.”
Return to Dallas-Hiram Patch for more on this story.
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k1smith
5:36 pm on Thursday, April 19, 2012
I think all the evidence needs to be in place and if the tradition of the spray painting of the road for the past decade and no punishment has ever been in place and proof of only the kids who did the spray painting on the road way, then no those kids should not be punished. FOR the kids who were involved in the school vandalism then yes all guilty parties need to be punished to full extent of the law. HOWEVER, to add punishment to one student just because he exercised his freedom to defend himself and get extra punishment does seem like the school board is retaliated and adding extra punishment and it is very unfair to one student if that is the case. also it seems to me there is plenty of video tapes that could very well show who was involved in what aspects of the vandalism and show IF Zimmerman was actually on school property or just involved in the roadway spray painting. Paulding detectives should be able to verify and detect the truth!
Nino
5:36 pm on Thursday, April 19, 2012
I see noting wrong with using this case as a precedent. The act was prankish and a bad decision at best, but the school has every right to punish these students. It will, or has, cost taxpayer money to correct this vandalism - in times when money is short. Sorry Zimmerman you do the crime you do the time (so to speak) assuming the act, if caught, "would not be that bad" is no excuse.
Dick Jones
5:36 pm on Thursday, April 19, 2012
Maybe if he didn't vandalize the school, he wouldn't have any problems. He needs to quit whining and realize that he caused his own problems. The decisions we make dictate the quality of our lives...
Heather
5:36 pm on Thursday, April 19, 2012
How about not vandalizing something? He would not have been in this mess to begin with had he not violated the law. I was involved in my senior prank but it did not involve destroying school property. Was there any part in his very intelligent brain that said this might not be a good idea? I think teens today do not get the consequences of their actions because parents bail them out. I am not sure this young man understands the gravity of the situation because he stated the school board was doing it out of spite.
Wanda B
11:55 am on Wednesday, April 11, 2012
No where do I see where Zimmerman has apologized or accepted responsibility for his part in defacing someone elses property. Why was this supposedly "smart" young person not taught or why did he not learn at the age of 2 that you do not harm something that does not belong to you. I blame both him and he should know better and his parents as they should have taught him that it is wrong to hurt property that does not belong to you.
Lynn
12:29 pm on Wednesday, April 11, 2012
I have been following this from the beginning as I live very close to the high school. I absolutely understand that what the kids did was wrong, but not to the degree of their punishment. Teenagers do DUMB things all the time, I know before graduation they have been painting the intersection for years.
Some of the brightest people in the world have no common sense, but I feel the actions of these kids does not warrant what is happening to them. This is ruining their lives because of some paint. Punishment should have been a public apology, a fine to pay for cleaniing and cleaning up the paint themselves. They did not commit murder they spray painted, come on don't people ever remember being young and doing something stupid, Well, I am now 65 and I remember doing dumb things as I am sure we are all not perfect in our youth. These punishments really need to be reevaluated in my opinion. Keep fighting for your future.
Renae McCoy
12:31 pm on Wednesday, April 11, 2012
"Senior Legacy".. does not make it legal! and certainly does not make it right.
Lynn
12:35 pm on Wednesday, April 11, 2012
I did not say anywhere in my post that it was right. I just do not understand the uproar this has caused.
Tacey Whitney
1:03 pm on Wednesday, April 11, 2012
Let him graduate! This young man has earned it and worked towards it for the last 12 years. We are talking he is even the class president obviously he is highly respected. Yes he did wrong but this punishment will follow him for life and that seems a bit much?? He is carrying a murder rap for a misdemeanor crime. Make the punishment fit and it should by TIME SERVED !!
Jeff S.
4:56 pm on Wednesday, April 11, 2012
A murder rap? It is unfortunate that at almost 18 years old this class president is still making poor choices. Have you been reading the article about the sexual predator here in Dallas? He got off easy in 2009 and now there are 3 or 4 more kids who's lives he ruined. That kid 16 or 17 at the time got off easy on something important. Now Tacey you don't have to tell me Zimmerman is anything like this other young man... yet the easier the punishment, the easier it is to repeat a crime it seems. Zimmerman is a class leader, he should have lead by example. Of course that is just my opinion, the opinion of a Father who also raised a son who was class president.
steve
3:37 pm on Wednesday, April 11, 2012
the school bored shoul let the first punishment stand not add more its not its job to do that its punishing him twice that not fair this is a new voteing year peeps.
Jeff S.
4:37 pm on Wednesday, April 11, 2012
I think it's an easy fix, let the kids that damaged $7,500 of property to Paulding County do Community Service like any other criminal (which is what they are) and if they want to graduate with the class make a public apology to the entire school class. He's obviously not sorry, only sorry he got caught! As far as him being class President, he obviously does not lead by example. All these people whining about how hard this is on him and how it's not right... you need to remember these are your tax dollars being wasted, not by students but CRIMINALS. Being easy on them teaches them nothing! I for one think the school board set a fine example for next years graduating class! It's good to be sorry, but not for yourself!
Lynn
6:35 pm on Wednesday, April 11, 2012
I do believe that the students should have had to pay for the damage out of their own pockets not tax dollars. I still do not believe that these kids are criminals, or in the same catagory as a sexual predator, come on not even close. Should their liives be ruined over painting some walls. I still say NO. I think the next senior class knows that it would not be the smart thing to do again, because the people of Paulding County seem to want revenge for this. Again, stupid stupid conduct but the punishment does not equal the crime.
Tacey Whitney
7:58 pm on Wednesday, April 11, 2012
I am also raising a child and hope she does not make poor choices but we all at one time or another make poor choices- Do we not? So Jeff are you saying the guy that was a sexual predator got off easy once and then ruined childrens lives? So if Zimmerman was not caught you mean he might have gone and spray painted the whole town and ruined personal belongings? How does that compare to being a sexual predator?? What I meant about a murder rap is being he cannot graduate at his regular school he has to graduate from the alternative school which is fine except good and great jobs will see that and he will have to explain this until he retirees. Do you not think? It cannot be erased- it is not like a job you were fired from and dont have to put it on a resume if you so choose but you do have to put down where you graduate and show a diploma. Why is he being singled out? Ok now the big quesetion Jeff what would you do if this was your son?
Jeff S.
8:38 pm on Wednesday, April 11, 2012
Tacey, first off you must not have seen this part of my comparison "Now Tacey you don't have to tell me Zimmerman is anything like this other young man" Second both young men were caught... all I'm saying is a lesser sentence does not always do justice to the community or the young man. I don't pretend to know Zimmerman or his capabilities as a criminal and unless you are related to him you can't know either... and if you are related to him I would think your opinion might be biased. There lies the problem with committing a crime... it can not be erased. Are you saying as long as the crime is under $10,000 it should not be prosecuted or should not go on the person's record? You said yourself he is "highly respected", I assume you are referring to his peers. What a fine example this young man sets for his peers. Plain and simple, he committed a crime... those are the facts. One thing I totally agree with you on is that ALL these young people should get the same punishment. As to what I would do if this was my son, I would stand beside him like a parent should and not question what his punishment should be because it was not my property. What I would not do is allow him to be on the television where everyone could see how he is not sorry for what he did! This time the school board is the problem... this Zimmerman is not a leader in any respect, he seems to place blame on everyone else but himself. Young Zimmerman is getting a taste of reality crime doesn't pay!
Mojo413
7:07 am on Thursday, April 12, 2012
I was sickened when I drove pass the school and neighborhood sign a few days after the vandalism. How dare they spray paint our beautiful campus.
I never really liked the street painting. To me it demonstrated immaturity.
I have all the confidence in our school and court leadership to access proper punishment.
I certainly hope this groups under class men are paying attention and these younger ones will demonstrate a higher degree of maturity in years to come.
Lynn
10:42 am on Saturday, April 14, 2012
Really? Come on when did we become so righteous that we were never immature. Man, I know in the sixties at 17 and 18 we were pretty immature and thank goodness, because when you become grown up it is for a very long time alot longer than being young. Kind of hard to believe that the people that want them tarred and feathered were such upstanding people their whole lives, not one of them ever made a stupid mistake. Do you seriously think that every one of these kids thought it was going to go this far? I think not. It only took one or a few to cross the line and then they all must pay, and according to the school board the 12 years they went to school and were upstanding citizens does not matter. We are going to make EXAMPLES of you so beware under classmen never ever do anything wrong.
Melinda Paris
1:49 pm on Friday, April 13, 2012
The punishment DOES not fit the crime...Spraying "seniors" on the road should not get the same punishment of those that spray painted trucks, buildings, and signs that were NOT on school property..There is not comparison, and each one should be held accountable on the damage they did, it makes me sick, same thing growing up, one brat act up in class, ALL kids could not go outside to recess..why does everything including punishment be the same?? Frankly, I'm over 50 and I don't see the big deal in writing SENIORS on the road.,..Whopee--let's make a big deal out of nothing!! It would fade in a while, NO--This is the deal, one of the students went to far and called the principal a bad name somewhere on campus, so she is mad at ALL of them. This has been going on for years, and from where I sit, the school staff has always known the night the Seniors were going up there to leave their mark, and they just shrugged it off, but this time is different??? how's that??? They do before when it was going to happen, and Who was going to do it..I DO NOT believe they should have damaged any property, and I also believe they SHOULD HAVE TO PAY BACK EVERY DOLLAR FOR CLEAN UP, AND DO COMMUNITY SERVICE...BUT WRITING ONE WORD ON A ROAD, SHOULD NOT TAKE AWAY THE ACCOMPLISHMENTS THIS YOUNG MAN HAS DONE IN THE OTHER 11 1/2 YEARS!!! Paulding County has TOO MUCH crime, to dwell on a prank GONE BAD, The board and other's have spent MORE than 7,500.00 in tax money in WASTE, should we ban them???
wallyworld
3:45 pm on Friday, April 13, 2012
I'ts tax payer dollars!!!!!!!!!!!!!! That's why it was $7500. I know enough people trying to find work using a pressure washer that would have gladly cleaned it up for $500.
Tacey Whitney
5:49 pm on Friday, April 13, 2012
I do not understand why they just did not make the 24 kids clean up all the spray paint damage and if there was any other damage owed they could have held some sort of car wash to make up the difference and if they made more they could have donated it back to the community for something positive. I guess lets see what happens today as they are handing down another sentence for them. Also on a side note to Jeff- No I am not related to him or anyone involved with this nor do I know anyone that knows him or them personally. I just feel like this-I remember being a teenager and sometimes you do stupid things. Life is too short to hold grudges. God forgives so why can't you??
Melinda Paris
11:38 pm on Friday, April 13, 2012
So the board spoke, and 1,000.00 per 24 students..hhhmmmmm, 7,500.00 worth of damage and the county gets BACK $24, 000.00, the county is getting a good return. I have NO problem with the students paying it back, but three X's the damage?? Okay, now maybe the county can get back to catching real thieves, instead of harmless for the most part teenagers...I'm sure I can sleep better tonight, knowing these HARDENED CRIMINALS were put in their place today!! Good grief, alot of nonsense about nothing!!
Lynn
10:43 am on Saturday, April 14, 2012
Totally agree Melinda, just crazy.
Melinda Paris
8:12 am on Sunday, April 15, 2012
So Once more, the BOE of Paulding County has spoken with NO COMMON SENSE..1. The punishment's should fit the crimes. 2. The fee's shouldn't be three times the cost of repairs, isn't their laws against that?? 3. The meetings, time, and etc. should NOT cost more than the repairs of this prank? 4. Someone that has gone above more than once to get the titles of superior, SHOULD NOT miss graduation, over writing SENIOR on the roadway, EVER! (Don't know him or his family). But having kids myself that excelled in studies, attendance, GPA'S,--Well ONE bad choice shouldn't SHADOW the hard work He HAS HAD TO GIVE to have those titles, I believe alot of adults are jealous of his hard works and maybe wanted to move someone else in that apraised spot at graduation, how unfortunate that ONE "not thought out" decision, (NOT CRIMINAL) AND FOLLOWING Prior year tradition to spray paint the road in front of the school has put this young man on a thug list by "holier than thou" folks...Come on, give this GOOD KID a break--If it has been proven, He did not damage school property or the truck or the one that wrote something derogatory about the principal, then have a forgiving heart, THERE IS A LESSON to be given by school authorities, give out the proper punishment and fines for each person in what they did...to be SO HARSH with one that did very little is foolish. Its ironic that the admin/BOE are also making a bad choice-two bad choices= nothing gained/nothing learned, very sad.
Jeff S.
9:30 am on Sunday, April 15, 2012
I guess now it's not enough that they don't have the felony conviction on their record. I think the punishment is fair, the DA did a good job. Lets say they all got away with it and never got caught at all (which is what normally happens), we the tax payers pay for the clean up like all the years before this one! By the way the DA let everyone know that it isn't 3 times the money for the crime, the other money is for supervision and such while they are doing community service. NO felony conviction, NO jail... it just does not get any better than this when you are tearing up property and getting arrested! It's real simple for the DA because HE ISN"T ALLOWED TO PICK AND CHOOSE which laws he is going to enforce... he has an obligation to enforce them all. He did that and still managed to be merciful on the kids so they don't have a felony arrest. I know the whole it's only (ONE TIME) thing... and I get it, but a police officer, DA or judge has to look at it as the (FIRST TIME) and try to make sure young people understand responsibility so there is not a second time. It's amusing how in some of these responses the DA is the bad guy... and the kids are the victims. To just say bad choices and not realize that one or more of these kids could have got killed during this... yes bad choices.
Lynn
10:13 am on Sunday, April 15, 2012
The school board and DA have become the bad guys because of their ACTIONS. They turned the kids into victims, they didn't have too they chose too. Jeff did you take drama classes because all of your posts are doom and gloom. Sex predators compared to spray painting they could have gotten killed wow your imagination is huge.
Melinda Paris
10:15 am on Sunday, April 15, 2012
I think they have to be penalized, I don't think anyone should get away with crime, however more time has been spent on this than the big crime by big time thugs in the area. How much time you think Hiram police spent on my aunts car being stolen in the parking lot???30 minutes on a report, car never found, OF COURSE. My biggest aggravation comes from not the punishment, even though I believe it should be different for each individual by what the crime actually was?? I believe painting the road in front of the school should carry less punishment than someone vandalizing a county truck--the road will heal without a touch of anyone, the truck not so much....my biggest complaint is LET HIM GRADUATE with his class, let all of them graduate, they made a huge mistake, but will have to pay it back, right? or there will be more consequences, but even so BOE still won't let them walk?? I was taught TWO WRONGS don't make a RIGHT, so if these kids make it right, WHY CAN'T THE BOARD LET THESE KIDS HAVE THEIR DAY? What does the Paulding BOE gain by NOT letting them graduate, after all they have spent 3 3/4 years at the school, made a mistake, make amends, it sounds like a stand-off bull that won't back down? The BOE needs to change the decision on the graduation, that's my point. I don't think all 24 students deserve the same exact punishment, and yes its great they don't have a felony record following them for the rest of their life!
Melinda Paris
10:23 am on Sunday, April 15, 2012
I agree with you Lynn--and/or some people just don't get it...yea comparing ONE person spraying "senior" on the road to a sex perv, that is not a comparison, that's a ridiculous remark.
I ALSO DON'T BELIEVE it will cost 14,000 plus to watch them to community work, if any tax payer believes that, I will sell you some flood plain land, that will never flood!
Again, if someone would use good ole' common sense sometimes. I know someone would that put a REAL out house in the principal's front yard years ago by Senior's as a senior prank. No one got suspended, no one got the police called to Dallas, the principal was ticked, and the boys had to get it, clean up his yard, and that was it, and they were still nice young men, just being stupid..I SHOULD KNOW, I MARRIED ONE OF THEM..HE WAS IN THE BETA CLUB, WENT TO COLLEGE AND EARNED A ENGINEERING DEGREE, ONLY HAS HAD ONE TICKET FOR SPEEDING IN OVER 30 YEARS...Should He have done that? OF COURSE NOT, did the sky fall over Dallas Georgia when it happen, or/did it hit the Dallas New Era? Nah...none of the above. LET THEM pay the outrageous fines, let them do community service work, let them get scolded over and over, and I praise the judge that will not make it a felony on their record, but for gosh sakes, LET THEM GRADUATE, the BOE is being stubborn as an old mule!!
Jeff S.
11:44 pm on Sunday, April 15, 2012
Well this will probably shock you but yes, if they agree to the terms of the DA, I too think they should be allowed to graduate with their class for the sake of their records. As far as the comparison I made between the perv and the spray painter... it was about a punishment being too light... you have to know I can see a difference between the perv and the kids and even stated it in my comment. Either way... good luck finding the car.