― Thermo Thinwall (Thermo Thinwall), Wednesday, 27 June 2001 03:37 (twenty-four years ago)
1) Any such law would be a state law, rather than a federal issue.2) I don't know if any states have such laws; usually such matters come down to the individual newspaper's/wire service's/other news outlet's policies on underage defendants and accusers.3) Welcome to zero-tolerance country.
― j.lu (j.lu), Wednesday, 27 June 2001 03:39 (twenty-four years ago)
JULIANA BARBASSAAssociated Press
FRESNO, Calif. - Police apparently came prepared for gang warfare when they sent three squad cars and a helicopter in response to a 911 call. Instead, they found an 11-year-old girl who had thrown a rock to defend herself as neighborhood boys pelted her with water balloons.
Little Maribel Cuevas says she didn't mean to hurt the boy - who admitted to officers that he started the fight and was quickly released from the hospital after getting his head stitched up.
But police insist she's a criminal - she's being prosecuted on a felony charge of assault with a deadly weapon. "We responded. We determined a felony assault had taken place and the officers took the actions that were necessary," said Fresno Police Sgt. Anthony Martinez.
Her family says Maribel was simply defending herself when 9-year-old Elijah Vang and several other boys pummeled her with water balloons outside her home in a poor Fresno neighborhood in April. They say she quickly sought help and tried to apologize to the boy and his family. The Vangs have since moved away.
"She's 11 ... they're treating her like she's a violent parole offender," said Richard Beshwate, Jr., Maribel's lawyer.
Maribel, who speaks limited English, spent five days in juvenile hall with just one half-hour visit from her parents. She then spent about 30 days under house arrest, forced to wear a GPS ankle bracelet to monitor her whereabouts. She's due in court Aug. 3.
Officers denied that their response was influenced by the setting - a low-income, largely minority neighborhood - or language difficulties - Maribel's family speaks limited English, and the responding don't speak Spanish.
With help from their church, the family hired Beshwate to represent Maribel at her upcoming trial. The lawyer says prosecutors aren't interested in a deal. Assistant Fresno County District Attorney Bob Ellis said he couldn't comment on the case because it involves children.
Maribel's family said the soft-spoken girl, who turned 11 in March, remains terrified - she's a good student who struggles sometimes because English is her second language, but in a neighborhood where kids grow up fast, she keeps close to home, helping her mother take care of her four younger siblings. Maribel attends school with the boy, and says she's been taunted by him in the past.
She says was playing on the sidewalk with her 6-year-old brother and other younger children on April 29, when the boys rode by on their bikes. They started teasing her, calling her names and hitting her with water balloons, she said, holding her 1-year-old brother in her lap in her family's modest living room, where a couch and dining table share space with a crib and a bed.
When the boys refused to leave, Maribel threw a rock at them, hitting Elijah.
The aunt of one of Maribel's playmates saw the boy's forehead was cut, got him a towel to stop the bleeding and called 911, the family said.
Maribel ran to the boy's house, two blocks from her own, to tell his parents she was sorry, she said.
Police responded to the call ready to tackle a hardened criminal.
The officers "grabbed me from behind, by my shirt" the girl said in Spanish. "I was so scared. ... I didn't know what they were doing."
Maribel panicked. The officers had the slight girl down on the ground, and one of them put his knee to her back to restrain her, her mother said in Spanish.
Guadalupe Cuevas couldn't communicate with the officers, because she doesn't speak English, and was pushed away when she tried to reach her daughter.
Maribel was crying, the police report said, but Officer Christopher Green, who handcuffed her, wrote, "We were able to get Cuevas into the back of the patrol vehicle."
Guadalupe Cuevas said didn't understand what was happening.
"The officer was just saying, 'I don't care, I don't care,'" Guadalupe Cuevas said in Spanish. "He told my nephew he didn't speak his kind of English."
The police report said Green read Maribel her Miranda rights twice, in English. The report also lists the girl's emotional state as "apologetic" and "hysterical."
Maribel's mother and her father, Martin, were able to see their daughter for half an hour the day after the incident. The girl's wrists were bruised, her mother said, and she was scared.
Maribel was kept in juvenile hall without seeing her parents again for five nights. When she was released, she had to wear an electronic monitoring bracelet that kept her under house arrest for about three more weeks, leaving school early to make it home before the 3 p.m. curfew.
This is a case where the police department "overreacted and won't back down," Beshwate said. "I don't know if they don't like Spanish speakers, if it's racism, or if they were having a bad day. But how can you defend this kind of behavior?"
― Rockist_Scientist (RSLaRue), Monday, 18 July 2005 14:05 (twenty years ago)
― TOMBOT, Monday, 18 July 2005 14:10 (twenty years ago)
"Another police officer told ABC News that the girl, when asked what she thought would happen if she threw the stone, replied that it would make him "bleed"."
― svend (svend), Monday, 18 July 2005 14:11 (twenty years ago)
Can we stop pretending that all the horrifying racists in the country live in the South now?
(also TOMBOT OTM)
― The Ghost of Dan Perry (Dan Perry), Monday, 18 July 2005 14:11 (twenty years ago)
Oh for fuck's sake.
― The Ghost of Dan Perry (Dan Perry), Monday, 18 July 2005 14:12 (twenty years ago)
― The Lex (The Lex), Monday, 18 July 2005 14:15 (twenty years ago)
― lauren (laurenp), Monday, 18 July 2005 14:15 (twenty years ago)
― Jarlr'mai (jarlrmai), Monday, 18 July 2005 14:15 (twenty years ago)
― ken c (ken c), Monday, 18 July 2005 14:16 (twenty years ago)
― lauren (laurenp), Monday, 18 July 2005 14:16 (twenty years ago)
― lauren (laurenp), Monday, 18 July 2005 14:17 (twenty years ago)
― geyser muffler and a quarter (Dave225), Monday, 18 July 2005 14:17 (twenty years ago)
― Anna (Anna), Monday, 18 July 2005 14:20 (twenty years ago)
― geyser muffler and a quarter (Dave225), Monday, 18 July 2005 14:21 (twenty years ago)
― Tigerstyle Shamanic Vision Quester (sexyDancer), Monday, 18 July 2005 14:23 (twenty years ago)
― ken c (ken c), Monday, 18 July 2005 14:24 (twenty years ago)
Er....
― Andrew Farrell (afarrell), Monday, 18 July 2005 14:27 (twenty years ago)
I mean, really, i don't see the problem here.
― kingfish (Kingfish), Monday, 18 July 2005 14:28 (twenty years ago)
Is this even allowed? No matter who is being charged, don't you have to read their rights in a language that they understand?
That's just one other way that this story is fucked. Dumbass cops.
― 30 Bangin' Tunes That You've Already Got ... IN A DIFFERENT ORDER! (Barry Brune, Monday, 18 July 2005 14:28 (twenty years ago)
Just in case she were to try to make a run for the border on her BIG WHEEL.
― nickalicious (nickalicious), Monday, 18 July 2005 14:28 (twenty years ago)
― not-goodwin (not-goodwin), Monday, 18 July 2005 14:34 (twenty years ago)
― ken c (ken c), Monday, 18 July 2005 14:38 (twenty years ago)
― dahlin (dahlin), Monday, 18 July 2005 16:05 (twenty years ago)
― fortunate hazel (f. hazel), Monday, 18 July 2005 22:57 (twenty years ago)
A young boy was arrested and locked up for three hours by police after brandishing a toy gun at school.
Earl Crump, 11, pointed the plastic firearm at another boy and told him to "hand over the money" in the playground during a school break.
The frightened schoolmate ran away and told teachers at Cheyne Middle School in Sittingbourne, Kent, yesterday (MON).
Police officers already dealing with another incident at the school arrested the 11-year-old and took him to Sittingbourne police station.
He was then searched, had a DNA sample and fingerprints taken, and put in a police cell for three hours before being released without charge.
His mother Tracey Crump, of Sheerness, Kent, believes the punishment was too harsh for a schoolboy prank.
She said: "It was too severe a punishment for an 11-year-old boy just playing in the playground." But headteacher Peter Woollacott, who has suspended the boy for three days, said school policy does not allow weapons or imitation weapons to be brought beyond its gates.
He said: "We take it very seriously if children bring in weapons or imitation weapons because of the nature of the world at the moment."
ends +++
― Hello Sunshine (Hello Sunshine), Tuesday, 19 July 2005 07:52 (twenty years ago)
oh what fun to mug your mates
― Ste (Fuzzy), Tuesday, 19 July 2005 07:57 (twenty years ago)
(I'm divided on that story because, from my experience of eleven-year-olds, the other child could have been honestly frightened because he believed it was a real gun, honestly frightened as the er 'character' he was playing in a game, or telling teachers about the gun in order to get the other kid into the shit. or all of these at once. Still, at least it'll hopefully deter more kids from bringing imitation firearms into school.)
― spontine (cis), Tuesday, 19 July 2005 08:37 (twenty years ago)
― Raston Worrier Robot (alix), Tuesday, 19 July 2005 08:57 (twenty years ago)
― zebedee (zebedee), Tuesday, 19 July 2005 09:08 (twenty years ago)
― zebedee (zebedee), Tuesday, 19 July 2005 09:09 (twenty years ago)
― Scream! Scrovula, Scream! (noodle vague), Tuesday, 19 July 2005 09:13 (twenty years ago)
-- Raston Worrier Robot (lixibel...), July 19th, 2005 4:57 AM. (alix) (later) (link)
I beg your fucking pardon? My middle name is Earl.
― Truckdrivin' Buddha (Rock Hardy), Tuesday, 19 July 2005 12:54 (twenty years ago)
― Rum, Sodomy and the LAN (kate), Tuesday, 19 July 2005 13:03 (twenty years ago)
― Truckdrivin' Buddha (Rock Hardy), Tuesday, 19 July 2005 13:06 (twenty years ago)
This posted yesterday:
http://news.yahoo.com/s/ap/20050803/ap_on_re_us/girl_charged
Calif. Girl, 11, Avoids Felony Trial
By LISA LEFF, Associated Press Writer Wed Aug 3, 7:07 PM ET
FRESNO, Calif. - An 11-year-old girl who threw a rock at a boy during a water balloon fight escaped jail time Wednesday on a felony assault with a deadly weapon charge after lawyers worked out a deal in the emotionally charged case.
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Maribel Cuevas was ordered to meet with her young victim and talk about the fight under the deal — reached on the same day the girl was to stand trial in juvenile court. She did not have to plead guilty, and the charges will be dismissed if she stays in school and keeps out of trouble.
Maribel spent five days in juvenile hall and a month under house arrest after throwing a 2-pound rock at 8-year-old Elijah Vang, cutting his forehead after he pelted her with a water balloon in April. The gash required Elijah to receive stitches.
Police responded with three cars while a helicopter hovered overhead, and said they arrested Maribel for resisting arrest and scratching an officer's arm. Police described the rock as "jagged" and measuring 5.5 inches by 3.75 inches.
Top brass on the force defended the response, but others took up Maribel's cause, saying it was no way to treat a childish crime. Supporters gathered outside the court, chanting "Free Maribel," and singing "We Shall Overcome."
As she awaited her hearing, the girl dressed in pink sweat pants, a white sweat shirt and pink flip-flops was handed a bouquet of flowers.
Maribel's father, Martin Cuevas, said in Spanish after the proceeding that his daughter was not a criminal and had acted in self-defense.
"I think everything will be fine," Martin Cuevas said in Spanish. "This way she'll be able to stay with my wife and me and go to school normally."
As part of the agreement, the two children, with their parents present, will talk about what happened. The girl's lawyer said his main goal was to prevent her from pleading guilty to a crime.
"They did not require any admission of wrongdoing, and once that obstacle was removed, the case was settled appropriately," said defense lawyer Richard Beshwate Jr.
Elijah's family, which has since moved away, declined to press charges, but were prepared to testify for the prosecution.
Chief Deputy District Attorney Michelle Griggs said her office decided to proceed without a trial because of the girl's age and because the Vang family wanted the matter resolved so they can return to their neighborhood "in a way that is safe so all these children can coexist together."
Kimberly Nystrom-Geist, a court commissioner who presided over the hearing, said the order requiring Maribel and Elijah to talk about what happened "would be the most appropriate resolution to this matter. It allows Maribel to go back to the neighborhood and make amends."
In an interview Wednesday, Fresno Police Chief Jerry Dyer stood by the actions of his officers.
"It has always been our intention to ensure that the right thing is done. The right thing is not always the popular thing," he said, adding the department has nearly completed its internal review.
"If we truly love our children we need to hold them accountable," he said.
― rogermexico (rogermexico), Thursday, 4 August 2005 18:00 (twenty years ago)
― Outsider Enter Port City (sexyDancer), Thursday, 4 August 2005 18:06 (twenty years ago)
where's dr phil to say that she just needs several good spankings? and then jail time?
― kingfish (Kingfish), Thursday, 4 August 2005 18:08 (twenty years ago)
I sincerely hope that Little Maribel is not the only one who learns a valuable lesson from this experience.
― rogermexico (rogermexico), Thursday, 4 August 2005 19:29 (twenty years ago)
― Truckdrivin' Buddha (Rock Hardy), Thursday, 4 August 2005 19:38 (twenty years ago)
― Spencer Chow (spencermfi), Thursday, 4 August 2005 19:39 (twenty years ago)
― rogermexico (rogermexico), Thursday, 4 August 2005 23:48 (twenty years ago)
― Dr. Glen Y. Abreu (dr g), Thursday, 4 August 2005 23:59 (twenty years ago)
― WHITE HATTA, Friday, 5 August 2005 02:14 (twenty years ago)
http://www.jessicamelvin.com/images/pix/JM%20purple.white%20hat.jpg
http://www.jayzonline.com/media/pictures/43.jpg
http://www.twistinthedark.net/Frida%20in%20white%20hat.jpg
― Leon C. (Ex Leon), Friday, 5 August 2005 02:49 (twenty years ago)
― OMG RACISAL PROFILE, Friday, 5 August 2005 02:54 (twenty years ago)
― Trayce (trayce), Friday, 5 August 2005 03:21 (twenty years ago)
― Jessie the Monster (scarymonsterrr), Friday, 5 August 2005 04:01 (twenty years ago)
― Outsider Enter Port City (sexyDancer), Friday, 5 August 2005 13:40 (twenty years ago)