![Bret Landen San Gabriel school Atascadero scare]()
Update posted April 20:
Bret Landen, with his attorney Jeffrey Stein, pleads “no contest” to two charges, the rest are dropped in plea deal. Photo by Heather Young
Atascadero teenager will also be forced to pay restitution to the school, attend counseling
–Atascadero teenager Bret Landen pled “no contest” to two felony charges: threatening to use a weapon of mass destruction and criminal threats in court this morning. Both crimes were committed at San Gabriel Road Elementary School in Atascadero on Sept. 11, 2015. They were part of an elaborate preplanned incident committed by Landen, according to the San Luis Obispo County District Attorney’s office.
On March 8, Landen pleaded “not guilty” to 30 felony counts filed against him in December 2015. The charges include 27 counts of making threats to commit a crime of violence, two counts of second-degree commercial burglary and one count of threatening to use a weapon of mass destruction. In court, the DA’s office dropped all but two counts. Judge Jacquelyn Duffy reminded Landen, as she did other defendants that morning, that he still would be responsible for any restitution for counts that were dropped.
“Mr. Landen and The People agree that he’s going to enter a plea that will resolve the case,” Stein said.
Landen will be sentenced to one year in county jail, and then will be on felony probation on his release. He will be required to undergo counseling to address what caused him to commit the crimes. He will be required to make financial restitution to the Atascadero Unified School District, and other victims of his crimes.
Duffy advised Landen that if he enters the plea of “no contest,” it will be the same as pleading guilty and he gives up his right to a preliminary hearing or a trial with a jury of his peers. He said that he understood and agrees to those terms.
If Landen violates the terms of his probation, he could be sentenced to a state prison for up to six years and eight months.
The judge also amended a previous order that prohibits from entering any school campus to add the exception of Saddleback College, which offers online classes as well as classes at its Mission Viejo campus in Southern California.
“The District Attorney’s Office would like to express its appreciation for the excellent work by all of the law enforcement agencies involved in this case, particularly the Atascadero Police Department, and would like to publicly recognize the heroism of the faculty and staff at San Gabriel Elementary School, who maintained calm and order in the face of the sudden need to evacuate the young students from their campus on the day Mr. Landen committed these crimes,” District Attorney Dan Dowsaid following the plea. “Our community should find comfort in the fact that our children’s physical and emotional safety is ensured by such fine teachers and staff members.”
Landen will be sentenced on Wednesday, June 1 at 8:30 a.m. in Department 1 in the SLO County Superior Court. This case was prosecuted by Deputy District Attorney Matthew Kraut.
Update from March 17:
Bret Landon, far right, in court on March 16 with his attorney, Jeffrey Stein, for another pre-pretrial hearing. Photo by Heather Young
Next pre-pretrial meeting is set for April 20
–Earlier this week concern erupted when it was reported that Cuesta College had issued a release concerning Bret Landen, 18, the man charged with making threats to commit a crime at San Gabriel Road Elementary School in Atascadero in September 2015. Judge Jacky Duffy addressed the issue at the pre-pretrial hearing today.
“Understandably, there is concern about the safety of our students, faculty and staff. Student safety is of the utmost priority at Cuesta College and there has been coordinated efforts made to respond to this issue by the Office of the College Superintendent/President, the Office of the Assistant Superintendent/Vice President of Student Services/Campus Centers and Campus Police and College Safety Services,” the press release from the community college read. The statement was released last Thursday.
Though Landen was ordered by Duffy to stay away from any school, it specifically excluded any county-run school from the court order. During the pre-pretrial hearing, Landen’s attorney, Jeffrey Stein, said that Landen will voluntarily not enroll in any school while the case is open. Landen had enrolled in Cuesta College in January and has since dropped out.
“We made the determination that it is in the best interest of everyone … that he will not attend any college at this time,” Stein said. Landen agreed to not enroll in any school and the judge approved the district attorney’s request to expand the order to include “any school while the case pending.”
He pled not guilty last week to charges that include 27 counts of making threats to commit a crime of violence, two counts of second-degree commercial burglary and one count of threatening to use a weapon on mass destruction.
He remains released on bail, which is family posted at $500,000. The next pre-pretrial meeting will be held on Wednesday, April 20 at 8:30 a.m. in San Luis Obispo Superior Court, Department 4 in downtown San Luis Obispo.
Update from March 8, 2016:
Bret Landen before Judge Jackie Duffy on Jan. 25, 2016.
Next pretrial meeting is set for March 16
–Bret Landen, 18, returned to court Monday morning for his third arraignment date before Judge Jackie Duffy. He pleaded not guilty to 30 felony counts filed against him in December 2015. The charges include 27 counts of making threats to commit a crime of violence, two counts of second-degree commercial burglary and one count of threatening to use a weapon on mass destruction.
Though Landon was ordered to surrender his passport and was prohibited from leaving the state, Duffy approved Landen to travel to Florida for two weeks in early April with his mother, according to a report in The Tribune. Duffy stipulated that Landen must remain in his mother’s company at all times.
Additionally, there is a temporary restraining order in place that orders Landen to stay at least 100 yards from any school, except for Chalk Mountain Community School. He also is not allowed to make contact with 27 named teachers and administrators at San Gabriel Road Elementary School. According to the report, Duffy is prohibited from possessing any weapons.
He remains released on bail, which is family posted at $500,000. The next pretrial meeting will be held on March 16 in San Luis Obispo Superior Court in downtown San Luis Obispo.
Update from Jan. 26, 2016:
Bret Stephen Landen posted bail and remains out of custody
–Bret Landen, an 18-year-old who will stand trial for charges of making threats against San Gabriel Elementary School on Sept. 11 of 2015, went before San Luis Obispo County Superior Court Judge Jackie Duffy Monday morning for further arraignment.
Landen addressed the judge along with his attorney, Jeffrey Stein. Stein requested that the arraignment be continued until March to give the attorney, who’s newly representing Landen, time to look at a way to address the case.
“In recognition of how much distress this incident has caused the community, [we want] to move forward sensitively,” Stein said. “We’re looking at ways to contribute positively in regards to the case.”
Opposing counsel agreed to the continuance and Duffy continued the arraignment until Tuesday, March 8.
Landen posted a $500,000 bail at the end of 2015, and will remain out of custody for the time being.
Update from Dec. 16, 2015:
Suspect in threats against school identified as Bret Stephen Landen
Judge rules suspect charged with San Gabriel school incident be tried as an adult
–San Luis Obispo County Deputy District Attorney Lee Cunningham released the name of a teen being charged with making threats against San Gabriel Elementary School on Sept. 11 that forced the school to close for two weeks.
On Tuesday, Cunningham reports that Judge Jackie Duffy ruled that the suspect, 18-year-old Bret Stephen Landen, be tried as an adult. Landen was 17-years-old at the time of the alleged crimes.
Landen, appeared to have been conducting a sort of, “game” with the teachers, much like the movie “Saw.” Police said the suspect’s actions appear to have been designed to evoke fear and panic. There were initially two charges being pressed against the suspect, both related to threatening to use a weapon of mass destruction. He is now facing as many as 25 counts.
The suspect appeared to have been conducting a sort of, “game” with the teachers, much like the movie Saw, and the suspects actions appear to have been designed to evoke fear and panic, according to Atascadero Police Chief Jerel Haley.
The case against Landen went before juvenile court Tuesday for a “fitness hearing” to determine if he is fit to be tried in juvenile court or adult court. “The case started out in juvenile court, because the person charged with it was just shy of his 18th birthday,” Cunningham said.
In order to determine which court the defendant should be tried in, the judge considered the following five criteria:
- The degree of criminal sophistication exhibited
- Whether the minor can be rehabilitated before juvenile court jurisdiction expires
- The minor’s previous delinquency history
- The success of previous attempts by the juvenile court to rehabilitate the minor
- The circumstances and gravity of the offenses alleged to have been committed by the minor
Cunningham said that it is anticipated that felony charges against Landen are expected to be filed on Wednesday and include 25 counts of criminal threats, two counts of threat to use a weapon of mass destruction, two counts of attempted criminal threats, and two counts of second-degree burglary.
Brooks is set for arraignment in SLO Superior Court in Department 4 with Duffy on Friday, Dec. 18. His bail has been set at $500,000 and he is currently in juvenile hall custody.
Atascadero Unified School District Superintendent Tom Butler, Chief investigator for the District attorney’s office Bill Hanley, Atascadero Chief of Police Jerel Haley, District Attorney Dan Dow and FBI Agent Brian Sullivan.
At approximately 7:45 a.m. on Sept. 11, police received a report of a crime committed at San Gabriel Elementary. Between the evening of Sept. 10 and the morning of Sept. 11, chains and padlocks were placed on the exterior gates of the campus, threatening letters were placed outside of each classroom and a suspicious object full of liquid was found on the playground. The object was a candle jar with the wax removed and a different liquid put in, and was zip-tied to a fence. The accompanying note identified the liquid as “cyanide.” After testing, the liquid was found to be sodium ferrocyanide, a common chemical used in photo processing, mixed with a mildly acidic liquid that was not strong enough to emit cyanide gas; it would only be harmful if ingested, police said.
The school was closed immediately and classes relocated to other campuses in Atascadero for two weeks.
According to Police Chief Jerel Haley at a press conference in October, Landen was believed to have acted alone.
Update from Oct. 15, 2015:
More details released in San Gabriel School incident including content of threatening letter, objects found on playground
– A press conference was held today in Atascadero regarding the arrest of a 17-year-old local high school student who is a suspect in the investigation surrounding the San Gabriel School incident that happened on Sept. 11. Threats and objects found on the playground forced the school to close for over a week.
According to Police Chief Jerel Haley, the suspect was believed to have acted alone. He is currently in custody and is being detained at the County’s Juvenile Detention Facility.
More details were released regarding the incident, such as the contents of the letters that were placed at the doorways of each teacher’s classrooms, pictured below. The suspect appeared to have been conducting a sort of, “game” with the teachers, much like the movie Saw, and the suspects actions appear to have been designed to evoke fear and panic, according to Haley.
The contents of the suspicious object found on the playground were also described in more detail. The object was a candle jar, with the wax removed and a different liquid put in, and it was zip-tied to a fence. There was a note found nearby by the suspect identifying the liquid as “cyanide.” The liquid put it was found to be sodium ferrocyanide, a common chemical used in photo processing, mixed with a mildly acidic liquid that was not strong enough to emit cyanide gas, and would only be harmful if ingested.
It is unclear now as to whether the suspect will be tried as an adult of as a juvenile. The search warrants issued proved to be successful, and the investigation is still ongoing. Officers found items that connected the suspect to the crime in the search. The investigation was able to nail down a suspect by tracking purchase histories of items used to commit the crime.
The suspicious object found on the playground.
There are currently two charges being pressed against the suspect. Both charges are related to use of a “facsimile” or replica, weapon of mass destruction. Haley reiterated the fact that no additional hazardous materials were found on the campus, and at no time was there believed to be a bomb on the school campus.
Haley said that even with 25 plus years on the force, “this is the most complex case I’ve seen.” He said that he was very proud of all of the officers who worked on the case in a timely and efficient manner, and praised the school and all involved for their swift and effective response to the evacuation of the school.
Original story posted Oct. 14, 12:30 p.m.
Search warrants served at juvenile suspect’s home
– Earlier today, the Atascadero Police Department, Federal Bureau of Investigations, San Luis Obispo County District Attorney’s Office and San Luis Obispo Sheriff’s Department participated jointly in the service of search warrants related to the Sept. 11 incident at San Gabriel School in Atascadero, according to a report from the school.
This has been an active ongoing investigation since the incident was first discovered. The investigation has been a joint effort between the Atascadero Police Department, FBI and SLO County District Attorney’s Investigators. During the course of the investigation a juvenile suspect was identified. Evidence uncovered as part of this investigation corroborated the involvement of the juvenile suspect in the commission of the crime. The juvenile suspect was contacted and interviewed on this date prior to the service of the search warrants.
On the morning of Sept. 11 at approximately 7:45 a.m., police received a report of a crime committed at San Gabriel Elementary. It appears that on the night of Sept. 10 or the early morning of Sept. 11 there were chains and padlocks placed on the exterior gates of the campus by an unknown suspect, as well as threatening letters placed outside of each classroom. A suspicious object full of liquid was also found on the playground.
The Atascadero Police Department, Federal Bureau of Investigations and San Luis Obispo County District Attorney’s Office will hold a press briefing today at 3 p.m. at the Atascadero Police Department, located at 5505 El Camino Real, to answer questions related to the investigation and provide further details about this case. Updates will be posted.