WHITE PLAINS, NY (December 15, 2025) — An armed robbery at a Metro PCS store in Mount Vernon triggered an emergency court filing by the Pelham Public Schools superintendent seeking to temporarily bar a 16-year-old student from possessing firearms.
Superintendent Cheryl Champ filed the application for a temporary extreme risk protection order on Dec. 5 in Westchester County Supreme Court against Cyprian Jovani Gardner, a Pelham Memorial High School student.
The filing alleges Gardner was arrested that week for armed robbery, criminal possession of a weapon and attempted grand theft auto. It states he used a loaded 3D-printed firearm and was in possession of additional rounds of ammunition and zip ties.
The application further claims Gardner broke into a student’s house and stole an expensive jacket on the same day as the armed robbery. It notes awareness of five recent arrests in total and concerns over believed gang involvement, known drug involvement and a recent police call to his home for a potential overdose.
Champ’s filing expresses concern that, given his likely gang involvement, substance use, poor decision making and access to weapons, Gardner will bring a weapon to school or seek revenge against students who may be cooperating with police and school investigations.
Supporting documents include student discipline records showing prior suspensions for threatening and intimidating students, grades indicating poor academic performance and attendance records reflecting chronic absences and tardiness.
Justice James L. Hyer granted the temporary order ex parte on Dec. 8, prohibiting Gardner from purchasing or possessing firearms and authorizing searches of his person, premises and vehicle. The order expires March 31, 2026, unless extended.
School records for Gardner show two out-of-school suspensions, low grades including multiple failures, and a pattern of chronic unexcused absences.
On Oct. 17, 2023, Gardner received a two-day out-of-school suspension for threatening/intimidating two students in separate gym and classroom incidents. The suspension was signed by Principal Mark Berkowitz.
On Dec. 3, 2025, Gardner received a five-day out-of-school suspension for off-campus misconduct on Nov. 10 and Dec. 1, 2025, that disrupted school. Gardner was referred to the superintendent for further action. The suspension was signed by Interim Principal Sean A. Llewellyn.
Gardner’s official transcript shows a weighted GPA of 71.651 and an unweighted GPA of 71.282. Course marks from 2022-2025 include a 74 in English 9 R and a failing 45 in Geometry. Regents exam scores include a passing 76 in Living Environment and a failing 35 in Geometry.
The 2025-2026 report card for marking period 1 shows mostly grades of 55-60, with comments such as “Does not attend class.”
Attendance records from 2022-2026 detail period-by-period absences, showing chronic unexcused absences, tardiness, suspensions and late arrivals. Recent marking periods show high absenteeism, including 125 unexcused absences in marking period 1 of 2025-2026 and 129 in marking period 1 of 2024-2025.
The release of student records is highly unusual and likely a violation of the Family Educational Rights and Privacy Act (FERPA) a U.S. federal law enacted in 1974 that protects the privacy of student education records. The law applies to all schools that receive federal funding from the U.S. Department of Education, including public schools and most private postsecondary institutions. Requests have been made to seal the attachments due to sensitive student information.
The Legal Aid Society of Westchester County filed a notice of appearance on Gardner’s behalf on Dec. 8. Attorney Clotelle Drakeford requested an adjournment of an initial Dec. 12 hearing to June 9, 2026, citing a related Youth Part criminal case initiated Dec. 4 and recent notification.
Drakeford’s motion also sought redaction of the minor’s name under court rules and challenged the inclusion of school records, arguing they violate the Family Educational Rights and Privacy Act absent an emergency justification and are scandalous or prejudicial.
The court denied the adjournment request on Dec. 9 but, following a Dec. 12 conference, set pre-hearing deadlines for witness and exhibit lists by Jan. 16, 2026, and motions by Jan. 19, 2026. A full hearing is scheduled for March 30, 2026.
The temporary order remains in effect.
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This article was drafted with the aid of Grok, an AI tool by xAI, under the direction and editing of Robert Cox to ensure accuracy and adherence to journalistic standards.