Deputies responded to a break-in of a chemistry lab at the school earlier that morning. The student, whose name is not being released because of his age, was caught fleeing the campus at approximately 2 a.m. with bottles of glycerine and potassium nitrate. He was arrested and charged with counts of burglary, possession of stolen property, possession of materials with intent to construct an explosive device and obstructing an officer.

According to Capt. John Hirokawa of the Westside Sheriff's Substation, the minor was questioned by authorities for approximately five hours and released into the custody of his parents. Given the circumstances, Hirokawa said "deputies felt it was safe to release the individual."

Since the student's charges were not considered mandatory booking requirements, Hirokawa said officers were not obligated to take the suspect into custody. Hirokawa added that the boy's quick release was due in part to his parents assuming complete responsibility for their son. In addition, deputies said the student was cooperative and admitted to officers that he had chemicals stored in his bedroom.

"We made a judgment call based on the information we had that night." Hirokawa said. "In cases such as these, we always have to take into consideration the public as well as the suspect's welfare."

But Deputy District Attorney Kurt Kumli, one of Santa Clara County's top juvenile prosecutors, said the sheriff's department should have exercised better judgment given the potential for danger from the evidence obtained.

"I respect their authority to make the discretionary call, but this is one that we simply disagree with," Kumli said.

In addition, Kumli said the situation might have been handled differently if the suspect had been from a city less affluent than Saratoga.

"Anytime you have bright kids from places like Saratoga that seem to have so many options and opportunities, [when they get] involved in serious criminal conduct you have to ask why, and what went wrong?" Kumli said. "In a lot of instances, it's harder to explain than the kids that got into gang life for all the well-documented reasons."

During his 15-year career, Kumli has seen how kids from wealthier communities are often handled differently. It can be observed that the majority of youths in custody at juvenile hall are from one socio-economic group, and racial or ethnic mix, Kumli said. But the kids out of custody are often from a more economically prosperous group.

However, Hirokawa, who has worked in various communities outside of Saratoga, refuted Kumli's claim that young people from wealthier communities are treated differently.

"Socio-economic status never even entered my mind," he said.

While the Feb. 27 court date might seem like a long time since his arrest, Kumli said a long wait is typical for juveniles who come to court out of parental custody. The Feb. 27 date—which is not yet open to the media or public—will most likely include the procedural setting of a trial date, brief court hearing, and setting of subsequent hearing dates, Kumli said.

If he has retained an attorney, the minor will make his first court appearance. Kumli said there will most likely be no evidence or witnesses presented, and this date will not be adversarial. Judge Richard Loftus, who has been assigned to the case, is new to the juvenile court system, Kumli said.

Following the boy's arrest and subsequent release, investigators spent about 10 hours trying to obtain a warrant to search his house. The search led to investigators seizing a gym bag containing potassium permanganate, ammonium nitrate and cupric chloride. Hirokawa said they confiscated a computer and related paraphernalia including a KeyKatcher, a device used to download keystrokes.

Hirokawa said investigators are still trying to gather evidence to connect the suspect to a previous cheating incident at Saratoga High School in which a KeyKatcher may have been used to obtain a teacher's password and steal exams and answers. This information was then distributed around campus to other students, according to Principal Kevin Skelly.

Honors chemistry and astronomy teacher E.J. Lux, head of the chemistry department at SHS, said teachers didn't notice anything missing until the morning after the break-in.

"I still feel safe at SHS because I know that this one incident is not at all indicative of our student population as a whole," Lux said. "We have great kids and an excellent staff, and I'm proud to say that I teach here."

Lux said as far as teaching, he's doing the same things he has always done.

"My tests are always locked up, and my computer is always locked when I'm not around, even for just a minute." Lux said. "Again, I feel that these incidents were carried out by a small minority of our students, and I hesitate to paint the whole student body with that brush due to the actions of a few."

Investigators are also looking into this student's intent to bomb, according to Hirokawa. Meanwhile, there is a temporary restraining order preventing the suspect from going within 300 yards of SHS, said Los Gatos­Saratoga Joint Union High School District Superintendent Cindy Ranii.

As of Feb. 4, the minor has been under electronic monitoring, also referred to as "house arrest." Electronic monitoring includes an anklet attached to the student that allows the probation department to know where he is at all times. Kumli said this device is commonly used as an alternative to incarceration in juvenile hall.

"Saying that the individual is a bomb suspect is a bit premature at this time," said Hirokawa as of Feb. 4. "I cannot make any conclusions until the investigation is complete."

While Kumli could not comment upon whether this was a juvenile prank or a serious intent to bomb, he did say there was the potential for school damage and danger to a number of people. Kumli could not release information on the student's motive.

The case, which was referred to the county's probation department, has been assigned to prosecuting Deputy District Attorney Ralph Dixon. The district attorney's office is seeking to try the student as a juvenile rather than an adult, Kumli said.

"At this point, we believe that this case is appropriately filed and dealt with in juvenile court," Kumli said.

Kumli and Dixon confirmed formal charges were filed against the student Feb. 5, but neither could speak to the specifics of those charges. However, Kumli said the charges were related to burglary of the school, possession of chemicals and the possession of the computer equipment commonly used to gain access to confidential records.

Following the boy's arrest, deputies apprehended a 15-year-old female classmate for making indirect criminal threats toward Skelly. She was released to her parents after questioning. According to what the female told investigators, she made the threats because she was upset with how her friend was being negatively portrayed.

Hirokawa said school administrators discovered the threats after several students notified them about a message posted on her computer. Hirokawa could not comment on the specifics of the message, but said there were direct references and graphic descriptions of what she would do to harm the school's principal.

"Whether she meant it or not, she crossed the line," Hirokawa said.