Ex-Marshfield student found guilty in 1 of 3 charges in high school plot

February 14, 2008 12:07 PM Email| Comments (0)| Text size – +

(Tom Landers/Globe Staff/File 2004)

Joseph Nee, seen in 2004, was accused of masterminding the plot.

By Emily Sweeney, Globe Staff

BROCKTON -- A former student accused of planning a Columbine-style attack at Marshfield High School was found guilty today of conspiracy to commit murder but was acquitted of two other charges.

Joseph Nee, 21, sat silently when Judge Charles M. Grabau read the verdict after the four-day bench trial in Plymouth Superior Court. Nee was acquitted of promotion of anarchy and threatening to use deadly weapons at school.

When Nee is sentenced Tuesday, he faces a maximum of 20 years in prison. He remains free on $20,000 cash bail.

Nee was indicted in October 2004, when he was starting his senior year at Marshfield High School. That September, Nee went to the police station with two of his friends, Daniel Farley and Joseph Sullivan, and told police that one of their classmates, Tobin "Toby" Kerns, had been planning to launch a deadly attack on the school on April 15, 2005.

They said the alleged plan was to bring ammunition and explosive devices into the school, secure the school's exit doors with bicycle locks, and shoot students and staff at dismissal time.

The following day, Kerns was arrested. Marshfield Police held a press conference three weeks later, announcing that they had foiled a plot to attack the school. Kerns's father outspokenly defended his son, claiming that he had been framed by his accusers.

Additional witnesses came forward after the press conference, and Farley told police that Nee had actually initiated the plan. Nee was arrested in October 2004. Both Kerns and Nee pleaded not guilty to the charges.

Kerns was brought to trial in October 2006 and was found guilty of threatening to use deadly weapons and conspiracy to commit murder. In November 2007 he was sentenced to 10 months in jail, with credit for the time he served in the juvenile lockup. He is currently being held at the Plymouth House of Correction.

Emily Sweeney can be reached at esweeney@globe.com.