No Charges In 'Nerf Wars' Crash That Killed 2
MINNEAPOLIS (WCCO) -- The Dakota County Attorney's Office announced Friday that there will be no criminal charges filed in a crash that killed two Lakeville students last year.
On December 2, 2015, Johnny Price and Jake Flynn were in a vehicle among students engaging in a game of "Nerf Wars."
In that game, students try to tag each other after or before school with foam bullets, and the last one standing wins a cash pot. The game involves "kidnapping" other players, who are then taken to other locations and shot with a Nerf bullet.
The rules of the game prohibit playing on school grounds.
Four students were in a truck when it rolled over on 225th Street West in Eureka Township. Price and Flynn were ejected from the truck. The driver was injured and a third passenger, who was the only one wearing a seat belt, walked away without injuries.
According to a release from Dakota County Attorney James Backstrom, witnesses said that Flynn resisted being placed in the truck at first. However, Backstrom explained he would not pursue kidnapping or false imprisonment charges because the students were all voluntarily involved in the game, implying consent to the game's rules, which allow "participants on one team take control of opponents of another team and transport them."
Backstrom also said that it appeared the truck was traveling at proper speeds, and there wasn't sufficient evidence to suggest the driver was using a cell phone at the time of the crash either.
"While no criminal charges are being filed in this case, I hope that all youth take notice of how quickly tragedy can occur while operating a motor vehicle," Backstrom said. "Games such as "Nerf War" have no place in a moving motor vehicle as they can lead to distractions to or interference with the driver with deadly consequences as occurred in this preventable incident. In fact, these types of games which can involve aggressive behaviors among youth have no place in our schools and communities and should end."