Critter control. (Exercising the Right).(reckless endangerment case)(Brief Article)

On January 8th, a skunk wandered into the gymnasium of Anderson Elementary School in Grimes County, Texas. School officials called sheriff's deputies and animal control officers, hoping that they could get rid of the noxious critter, but when they arrived the skunk scampered under the gymnasium and could not be captured. After they left, however, it reemerged, trapping a group of about 30 students and their physical education teacher in the gym.

At this point, the school's assistant principal, Kimmie DeVillier, remembered a rifle that she had inadvertently left in her car. Fearing that the skunk might be rabid, she retrieved the gun, returned to the gym, and shot and killed the creature at close range. The Bryan/College Station Eagle for January 23rd quoted her as saying, "You can't throw rocks or sticks at it because it's already stirred up. The kids were inside on the floor with the P.E. teacher." She was, she claimed, "looking out for the safety of the kids and trying to make sure one of them was not bitten." Nobody was harmed.

DeVillier appeared to have acted responsibly to protect the trapped children from possible serious harm after law enforcement and animal control personnel failed to collar the skunk. State law, however, precludes persons from "unlawfully" carrying firearms on ...