
                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: SATURDAY, August 6, 1994                   TAG: 9408080051
SECTION: VIRGINIA                    PAGE: C-1   EDITION: METRO 
SOURCE: By MATT CHITTUM STAFF WRITER
DATELINE:                                 LENGTH: Short

YOUTH AGAIN CHARGED WITH GUN AT SCHOOL

Almost two months ago, General District Judge George Harris dismissed a charge against Burke Rucker of having a gun on school grounds, telling Rucker he came out very lucky.

Friday, Rucker's luck ran out.

A Roanoke County grand jury indicted Rucker on the same charge Friday morning. Assistant Commonwealth's Attorney Susan Cohen said the panel's action was no surprise.

Rucker's attorney, Jack Gregory, could not be reached for comment.

Will Stacey, headmaster at North Cross School, had said an unloaded .22-caliber pistol was brought to the private school Feb.1 after Rucker, 18, and another student had a disagreement at an off-campus party.

According to information from his court appearance, school officials were tipped that Rucker had the gun and confronted him.

He showed them that the gun was in the outside pocket of his overcoat. He was expelled from school.

Harris dismissed the charge, a felony, after Gregory argued that the coat pocket was a ``closed container.'' The law aimed at keeping guns off school grounds makes an exception for unloaded firearms in closed containers.

Rucker's pocket did not have a button or a zipper but did have a flap. Gregory cited a 1981 U.S. Supreme Court case with a similar ruling.

A trial date was set for Aug.26 in Roanoke County Circuit Court. Cohen said Judge Kenneth Trabue is scheduled to hear the case.

by CNB