This is horrible: 11 year old girl charged with felony for hitting boy with rock in self-defense (God bless America)

Message Bookmarked
Bookmark Removed
!

Thermo Thinwall (Thermo Thinwall), Wednesday, 27 June 2001 03:37 (twenty-four years ago)

Does the US not have a law forbidding media outlets to name defendants under a certain age? Poor little thing.

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)

four years pass...
Little girl faces felony charge for throwing rock at little boy

JULIANA BARBASSA
Associated 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)

When are people in poor neighborhoods going to figure it out and stop dialing 911?

TOMBOT, Monday, 18 July 2005 14:10 (twenty years ago)

Uhm your chosen article left out WHY they police are going to charge her.

"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)

THREE CHEERS FOR CALIFORNIA

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)

Uhm your chosen article left out WHY they police are going to charge her.

Oh for fuck's sake.

The Ghost of Dan Perry (Dan Perry), Monday, 18 July 2005 14:12 (twenty years ago)

This story makes me want to throw rocks at the cops involved.

The Lex (The Lex), Monday, 18 July 2005 14:15 (twenty years ago)

i want to throw a rock at svend.

lauren (laurenp), Monday, 18 July 2005 14:15 (twenty years ago)

mmm rock

Jarlr'mai (jarlrmai), Monday, 18 July 2005 14:15 (twenty years ago)

aw it's almost like science throwing the bin at maxwell in big brother

ken c (ken c), Monday, 18 July 2005 14:16 (twenty years ago)

excpet totally unlike it.

lauren (laurenp), Monday, 18 July 2005 14:16 (twenty years ago)

except, sorry.

lauren (laurenp), Monday, 18 July 2005 14:17 (twenty years ago)

So the police are now encouraging anti-police sentiments, are they?

geyser muffler and a quarter (Dave225), Monday, 18 July 2005 14:17 (twenty years ago)

Does the US not have a law forbidding media outlets to name defendants under a certain age? Poor little thing.

Anna (Anna), Monday, 18 July 2005 14:20 (twenty years ago)

You're mising the point. She's hispanic. The law wouldn't apply to her anyway.

geyser muffler and a quarter (Dave225), Monday, 18 July 2005 14:21 (twenty years ago)

bitch threw a rock, man.

Tigerstyle Shamanic Vision Quester (sexyDancer), Monday, 18 July 2005 14:23 (twenty years ago)

good shot, too, you've gotta say

ken c (ken c), Monday, 18 July 2005 14:24 (twenty years ago)

The police report said Green read Maribel her Miranda rights twice, in English

Er....

Andrew Farrell (afarrell), Monday, 18 July 2005 14:27 (twenty years ago)

what's the big deal? this will go to trial, and either the cops will be in trouble and receive a slight administrative slap on the wrist, or they'll be exonerated and here will be rioting with the attending deaths of both poor people and police.

I mean, really, i don't see the problem here.

kingfish (Kingfish), Monday, 18 July 2005 14:28 (twenty years ago)

The police report said Green read Maribel her Miranda rights twice, in English.

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)

She then spent about 30 days under house arrest, forced to wear a GPS ankle bracelet to monitor her whereabouts.

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)

there's only one thing for the crime of throwing stones...
http://upload.wikimedia.org/wikipedia/en/c/c3/Georgia.jpg

not-goodwin (not-goodwin), Monday, 18 July 2005 14:34 (twenty years ago)

surely she has no sin, because she had casted the first stone?

ken c (ken c), Monday, 18 July 2005 14:38 (twenty years ago)

it's better than this

dahlin (dahlin), Monday, 18 July 2005 16:05 (twenty years ago)

i went to high school with that AP reporter.

fortunate hazel (f. hazel), Monday, 18 July 2005 22:57 (twenty years ago)

Meanwhile, in sunny Kent:


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)

'playing' in the playground?

oh what fun to mug your mates

Ste (Fuzzy), Tuesday, 19 July 2005 07:57 (twenty years ago)

'hand over the money' sounds more like he was playing at films, though, doesn't it? The sort of thing people say in stick-ups and hold-ups on tv shows...

(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)

Earl Crump? What kind of name is that!

Raston Worrier Robot (alix), Tuesday, 19 July 2005 08:57 (twenty years ago)

why is there a time warp in the middle of this thread? (two posts dated June 2001!)

zebedee (zebedee), Tuesday, 19 July 2005 09:08 (twenty years ago)

never mind - just saw this:
What's up with ILX?

zebedee (zebedee), Tuesday, 19 July 2005 09:09 (twenty years ago)

Am I the only one that had a box full of imitation firearms as a child? Coming soon: making the dakkadakkadakkadakkadakkadakkadakka machine-gun noise becomes threatening behaviour. "Who wants a game of war?" reclassified as incitement to riot.

Scream! Scrovula, Scream! (noodle vague), Tuesday, 19 July 2005 09:13 (twenty years ago)

Earl Crump? What kind of name is that!

-- 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)

Maybe his wife is Countess Crump!

Rum, Sodomy and the LAN (kate), Tuesday, 19 July 2005 13:03 (twenty years ago)

Finally, some rich relatives I can sponge off off.

Truckdrivin' Buddha (Rock Hardy), Tuesday, 19 July 2005 13:06 (twenty years ago)

two weeks pass...
An update. Justice is served! (Well, with some face saved for the moran who sent out three squad cars and a chopper.) Oh, and do read all the way down, as the quote from Fresno Police Chief Jerry Dyer is priceless.

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.

ADVERTISEMENT

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)

bitch threw a rock

Outsider Enter Port City (sexyDancer), Thursday, 4 August 2005 18:06 (twenty years ago)

conservative cop in equating "love" with "irrational punishment" shocka

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)

Bureaucracy in throwing good money after bad in marshalling resources to justify idiotic expensive zip-code-based dispatch shocka.

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)

"valuable"

Truckdrivin' Buddha (Rock Hardy), Thursday, 4 August 2005 19:38 (twenty years ago)

Obviously an underage girl shouldn't do hard time or be mistreated by police, but at the same time throwing a rock at someone is a criminal act with potentially harmful (and possibly fatal) results - the other kid required stitches. I'm surprised at the rush to the girl's defense. What does everyone think should have been done?

Spencer Chow (spencermfi), Thursday, 4 August 2005 19:39 (twenty years ago)

Something involving two fewer squad cars and one fewer helicopters, is all I'm sayin'.

rogermexico (rogermexico), Thursday, 4 August 2005 23:48 (twenty years ago)

This thread could use a little more information and a lot less OMG RACIAL PROFILING knee jerkery.

Dr. Glen Y. Abreu (dr g), Thursday, 4 August 2005 23:59 (twenty years ago)

OMG RACISAL PROFILE YOU WHITE FAGIT

WHITE HATTA, Friday, 5 August 2005 02:14 (twenty years ago)

http://www.blacktown.net/chimp_blonde_mockery_poster.gif

OMG RACISAL PROFILE, Friday, 5 August 2005 02:54 (twenty years ago)

Kids hit kids with rocks and toys and do stupid shit like this ALL THE TIME. It isnt a crime worthy of police attention AT ALL, and it doesnt matter who the kid is or where they're from. THEY'RE CHILDREN. I've hit and been hit with all kinds of crap, everyone's had stitches, broken limbs from a misjudged push off a swing, a bump on the head, a "whoops" moment. You learn from this, and your parents should rouse on you if you do bad. But police? What in the world.

Trayce (trayce), Friday, 5 August 2005 03:21 (twenty years ago)

So, like, what's the statue of limitations on this throwing rocks at each other shit? Because I think I might be in some trouble.

Jessie the Monster (scarymonsterrr), Friday, 5 August 2005 04:01 (twenty years ago)

I blame the Catholic Church.

Outsider Enter Port City (sexyDancer), Friday, 5 August 2005 13:40 (twenty years ago)


You must be logged in to post. Please either login here, or if you are not registered, you may register here.