Student says he’s unfairly punished

Dan Kulin

Tuesday, Oct. 7, 2003 | 11:14 a.m.

Boulder City High School senior Jimmy Hagan is seeing his future threatened by what he, his mother and his attorney say is an unfair and unjust punishment.

Hagan is one of four Boulder City students punished for their alleged involvement with fellow student Johnny Aquino in the hours before Aquino died of a cocaine overdose Aug. 30.

But Hagan is the only one of the four who did not accept an offer from school officials to spend four to nine weeks at an alternative school program and then return to Boulder City High.

Instead, Hagan appealed the punishment. His attorney, John Moran III, said spending time at another school would permanently scar his high school transcript and cripple his chances of receiving a state Millennium Scholarship and attending college.

But more than the possible impact on his continuing education, Hagan says he is appealing the punishment because he is innocent of what he stands accused of.

Hagan said that the night Aquino died, he drove Aquino and a man to a gas station where the man bought the beer that the teens brought back to the party at Aquino's apartment.

On the way back to Aquino's apartment they dropped off the man, who Hagan said went by the name Styles and appeared to be in his 20s.

After arriving at Aquino's apartment, Aquino showed Hagan a sandwich bag with cocaine in it and told Hagan he got it from Styles, Hagan said.

Hagan said he told Aquino, 17, he didn't do drugs, and then went home.

"I didn't know drugs were being purchased, and when I did I left," Hagan said Monday during an interview for which he was joined by his mother, Debbie Hagan, and Moran.

Hagan was kicked off the football team and out of school after coming forward and telling school officials he was at the party at Aquino's apartment.

Moran said Hagan was accused of possessing a controlled substance, meaning drugs, and because of that he poses a threat to other students.

Hagan's appeal is scheduled to go before a school system expulsion review panel Wednesday morning.

School officials could not be reached for comment Monday. But in the past, officials have said that four students were punished and one is appealing that punishment. Officials would not say who the students were or what they were accused of doing.

Moran said if the panel doesn't overturn the punishment he will sue the School District in federal court and ask for an injunction to get Hagan back in the classroom. Moran said he is handling the case for free.

Debbie Hagan said her son shouldn't be forced to pay for a mistake he didn't make.

"He's innocent. He didn't do anything," she said.

Moran said there's proof Hagan wasn't involved in drugs. Hagan, 18, had his hair tested by a private company four days after Aquino's death, and that test indicated Hagan hadn't done any drugs for at least the previous six months.

Moran said school officials are mistakenly treating all four students the same, instead of leaving Hagan out of the group that allegedly did drugs with Aquino.

"He didn't belong in with the other kids," he said.

Hagan said he did drink a couple of beers while at Aquino's apartment that night, but Hagan and Moran say the teen was not punished for drinking.

Hagan said he would accept a punishment for drinking alcohol.

"I think I broke the rules by drinking alcohol, so take away football, but don't take away my senior year," Hagan said. "I want to get my diploma and graduate with all my friends."