FAIRFAX, Ohio — Body camera footage shows the first time police officers spoke directly with a 14-year-old boy suspected of plotting a mass shooting at Mariemont High School. Officers spoke with the boy's father, and eventually the boy, before they let the teen leave to attend school for the day.
The 14-year-old was arrested and charged with conspiracy to commit aggravated murder after investigators uncovered a hit list that they said contained at least eight students and one teacher.
According to a police report filled out by Fairfax police on February 6, their department received a phone call from Zach Swallen, who said his son tipped him off to a classmate's "elaborate plan" to carry out a mass shooting at Mariemont High School.
The call from Swallen came in at around 9:50 p.m. that Tuesday night. He told police his son called him and told him his life was threatened at school by another student who also made comments about "bringing a gun to school and shooting others," the police report says.
Fairfax police contacted Mariemont police, the report says. The next day, on Feb. 7, at around 7:50 a.m., a Fairfax officer and a Mariemont officer went to the home of the 14-year-old accused and spoke with the teen and his father. This is where the newly released body cam begins.
You can watch the full exchange below:
After speaking with the father and the teen, body camera footage shows the officers allowing the teen to leave for Mariemont High School. The Mariemont Police Chief said on Tuesday that his investigators needed to verify more information before confirming a credible threat.
The 14-year-old was pulled out of class later that day and arrested by police, according to Mariemont police.
While many details about the course of events leading up to the teen's arrest have not been released, Hamilton County Prosecutor Melissa Powers' office said the threat the teen is accused of making was deemed credible — in part, because of text messages between the teen and an out-of-state adult found on his phone.
Body camera footage showed a relaxed conversation in which officers, and the teen's dad, indicated another teen may have been the source of the shooting threat.
"Have you heard anything about what's going on?" asked the Mariemont officer shortly after arriving at the home.
"Yeah, I heard a lot about it yesterday," responded the teen's father.
The teen's father, speaking with police on the front stoop of his house, tells officers he'd heard "for the past few days that [REDACTED] was trying to start fights with people at school."
The father tells police he'd told his son not to speak or engage with that student.
"He says every day he's got to deal with this kid and he's like 'he's this big and he bullies me and I should be able to defend myself,' and I'm like 'stay away from that kid,'" the father told police.
He continues on to say he was told his son was in the school's library with that student after school.
"He said that [REDACTED] had emailed him at school, kind of inappropriate email about um, like—" the father stops, because the Mariemont officer offered him a piece of gum and he paused to accept it before continuing to speak. "Then he said [REDACTED] got in trouble with the school over that."
The teen's father said his son claimed the other teen continued to cause problems at school and that his son wanted to fight him, but he told him to leave the situation alone and "stay as far away from him as you can."
The officer told the father he thought a lot of issues were going to be addressed that day at school, including the other teen's alleged behavior.
"The skinny we got is that, we got a call yesterday — an anonymous call — that [REDACTED] were going to get some guns and go shoot up the school," said the officer. "We've never had any issues with [REDACTED]."
The father reiterates his son's claim about the conversation in the school library, telling police his son thought the other teen was joking.
"It was a random, ridiculous conversation and he's like 'I don't know, when he's talking to me, how to take it a lot of times,'" said the father, telling police his son has Asperger's Syndrome, a form of Autism Spectrum Disorder.
Because of that, the father said his son often misses social cues in conversation and can't always pick up on tonal meanings, like irony.
The officer then asks the father if he has any guns in the house; without hesitating, the father says he has one.
"Is it here?" asked the Mariemont officer.
"It's here, it's locked up, nobody knows where it is but me," said the father.
"That's good. What kind is it?" asked the Mariemont officer.
"It's a Colt .38 Agent," said the father.
"Little snub-nose?" said the Mariemont officer. "Nice."
"Those are nice," said the Fairfax officer.
The father then offers to drive the gun to a family member's home to get it out of the house.
"You know, that might not be a bad thing to do just until this all kind of calms down," said the Mariemont officer. "And you know yourself, I mean, you watch the news, any time there's two words — shooting and school — it goes haywire. And that's why we came right out."
The officer and the teen's father discuss the other teen's family for a bit; the father tells police he hasn't met many of them.
"I mean, they're all good people, no problems there but we're just trying to keep the fires down, you know," said the Mariemont officer. "The last thing we need is the news to come out, you don't need a news truck sitting here."
"No and I don't want [REDACTED] in any part of that conversation and I don't feel like he's part of that and I was like 'I don't want your name and those words to be in the same sentence in anybody's mouth' but I guess it's too late, because here you guys are," said the father.
The officer tells the father the school will deal with the issues pertaining to it and the other teen. During the conversation, the front door of the home opens and the 14-year-old steps outside.
His father tells him the police are there because of "that conversation you and [REDACTED] had at the library yesterday."
"Oh, OK," said the teen.
"Try to disassociate yourself with [REDACTED] as much as you can," said the Mariemont officer. "Just try to stay away from him. It's gonna be hard because he's that kinda guy that likes to follow people and once he kind of thinks he has a friendship, a bridge of friendship, then he's gonna be kinda like hanging on to you as you walk through the school."
The officer then asks the teen to give him a summary of the conversation he claims happened at the library. The teen said the other student began speaking to him about starting an OnlyFans and "he was obviously joking."
"Then he said something about doing a school shooting at this school with some guy in Chicago," said the teen. "He said 'First we gotta cut the power,' I said 'Dude, I don't want no part of this conversation.'"
"You did the right thing," said the Fairfax officer. "And if you have any other issues with him, go to any staff at school."
The officers tell the teen to speak with the school's resource officer if there are any other issues between himself and the other teen.
"They'll probably talk to you when you get to school, we're just kind of getting ahead of the game, we wanted to make sure dad was on board and make sure you kinda knew what was going on," said the Mariemont officer.
"And you aren't in trouble at all," said the Fairfax officer.
"I didn't think I was," said the teen.
The officers wrap up the conversation, joking a bit lightheartedly.
"They'll probably talk to you when you go to school so, you know what, this gives you the courtesy of you know what's going on," said the Mariemont officer. "[REDACTED] doesn't have that courtesy."
The teen asks if officers are also at the other teen's home. The officers don't answer and instead recommend the teen stay away from the other student and notify the school's resource officer if anything happens between them.
The father asks if there's anything he can do and police tell him taking "that item" out of the house would be helpful; the father suggests police take it with them and he goes inside to retrieve the firearm discussed before.
He reappears outside the home and hands the officer a small gun safe, telling police the gun had a cable lock through it and was locked inside the safe.
"He should go to school though?" said the father, gesturing toward his son.
"Oh yeah," said the Mariemont officer. "Heck yeah. Don't use this as an excuse, get to school."
Following that, the father and his son walk away from the house and the body camera footage ends.
WCPO 9 asked the prosecutor's office if the other student mentioned in the body camera conversation was ever questioned or considered a person of interest. They wouldn't comment but did say that other student is not currently facing any charges.
The FBI released a statement on Feb. 9 saying that Colorado Springs, Colorado police spoke to an individual "connected to the Mariemont school threat case" but did not make any arrests. Colorado Springs police said on Monday they are not comfortable calling this person a co-conspirator as of yet, only a "person of interest."
Powers announced her office planned to request the 14-year-old be tried as an adult.
The legal team for the 14-year-old says this stemmed from "predatory behavior" of his alleged co-conspirator.
The legal team also said the teen has "significant mental health challenges" including ASD (Autism Spectrum Disorder). They also said he never had access to firearms.
"To try a child in this circumstance as an adult is against everyone's interest and will not further public safety," the legal team said.
The next trial date is scheduled for Feb. 21.
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