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Calif. Girl, 11, Spared Felony Trial

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Originally posted by: dahunan
Question is.. when are we going to figure out how to stop children from being so mean to each other in the first place?
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We live in a bully society. Many parents simply don't do their jobs very well. If your kid is a bully and you do nothing about it, you are guilty by omission.
 
Originally posted by: OFFascist
IMO her throwing the rock was self defense.
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Dude, it's a fricken water ballon... This girl may have some issuse, but I don't think prison time or being charged with a felonly is going to help her problems.
 
"Dude" for one thing, the whole "OH NOES IT WAS AN EVIL 2 AND ONE HALF POUND CHUNK OF GRANITE" thing is getting kind of old, since I've seen nothing definitive to support it except the several white males in here who have thrust it about like a shield.
The outcome of a conviction would mean time. If you guys are willing to try her on a felony charge you have to accept the penalty. I'm sure being assaulted repeatedly in one of our lovely Juvi prisons would set her straight, right?

Water balloons being thrown could cause injury. What if it struck her in the eye and ruptered her cornea? Or damaged her hearing, both of which are distinct possibilities. Would you support trying the gang of boys on a felony charge? Because otherwise you are hypocrits.

It was a gang of boys intent on harassing, intimidating and humiliating one little girl, and she responded with what was available. Now the mediators can explain to both parties why such actions should not be taken.
 
Originally posted by: arsbanned
"Dude" for one thing, the whole "OH NOES IT WAS AN EVIL 2 AND ONE HALF POUND CHUNK OF GRANITE" thing is getting kind of old, since I've seen nothing definitive to support it except the several white males in here who have thrust it about like a shield.
The outcome of a conviction would mean time. If you guys are willing to try her on a felony charge you have to accept the penalty. I'm sure being assaulted repeatedly in one of our lovely Juvi prisons would set her straight, right?

Water balloons being thrown could cause injury. What if it struck her in the eye and ruptered her cornea? Or damaged her hearing, both of which are distinct possibilities. Would you support trying the gang of boys on a felony charge? Because otherwise you are hypocrits.

It was a gang of boys intent on harassing, intimidating and humiliating one little girl, and she responded with what was available. Now the mediators can explain to both parties why such actions should not be taken.
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I'm not sure why you're so incensed by this case.

What is the relevance of the fact (assuming it's true) that the posters in this thread are white men?

If anything I have observed over the years that females are treated much more leniently than males in the criminal justice system (I once represented an 18-year-old female in a sentencing proceeding in which the prosecutor asked for a 30-month sentence - she got 45 days!), and I don't even know this girl's ethnicity (though I gather from her name that she's hispanic, as am I).

Your argument about the water balloons is a hollow one - I can't see why you'd bold it. There's a difference between a weapon that can be reasonably foreseen to cause death or grievous bodily injury (e.g., a gun, sword, or two-pound rock) and one that is essentially benign, but might under unusual circumstances, far less than 1% of the time, cause serious injury. Water balloons have a proud and near-universal history as harmless, if sometimes pesky projectiles, and I have never, ever heard of anyone dying by being hit by one. People have been killin each other with large rocks since before they could walk upright.

Nobody is saying this girl is Public Enemy #1, but assuming the evidence really supported the idea she threw a 2-pound rock at someone, I think she has a problem.
 
Originally posted by: DonVito
Originally posted by: arsbanned
"Dude" for one thing, the whole "OH NOES IT WAS AN EVIL 2 AND ONE HALF POUND CHUNK OF GRANITE" thing is getting kind of old, since I've seen nothing definitive to support it except the several white males in here who have thrust it about like a shield.
The outcome of a conviction would mean time. If you guys are willing to try her on a felony charge you have to accept the penalty. I'm sure being assaulted repeatedly in one of our lovely Juvi prisons would set her straight, right?

Water balloons being thrown could cause injury. What if it struck her in the eye and ruptered her cornea? Or damaged her hearing, both of which are distinct possibilities. Would you support trying the gang of boys on a felony charge? Because otherwise you are hypocrits.

It was a gang of boys intent on harassing, intimidating and humiliating one little girl, and she responded with what was available. Now the mediators can explain to both parties why such actions should not be taken.
Click to expand...


I'm not sure why you're so incensed by this case.

What is the relevance of the fact (assuming it's true) that the posters in this thread are white men?

If anything I have observed over the years that females are treated much more leniently than males in the criminal justice system (I once represented an 18-year-old female in a sentencing proceeding in which the prosecutor asked for a 30-month sentence - she got 45 days!), and I don't even know this girl's ethnicity (though I gather from her name that she's hispanic, as am I).

Your argument about the water balloons is a hollow one - I can't see why you'd bold it. There's a difference between a weapon that can be reasonably foreseen to cause death or grievous bodily injury (e.g., a gun, sword, or two-pound rock) and one that is essentially benign, but might under unusual circumstances, far less than 1% of the time, cause serious injury. Water balloons have a proud and near-universal history as harmless, if sometimes pesky projectiles, and I have never, ever heard of anyone dying by being hit by one. People have been killin each other with large rocks since before they could walk upright.

Nobody is saying this girl is Public Enemy #1, but assuming the evidence really supported the idea she threw a 2-pound rock at someone, I think she has a problem.
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1. This girl was NOT 18, nor was she anywhere near 18. I'm sorry you feel that woman was treated leniently. Maybe she was, I don't know the facts of that case. This little girl is ELEVEN. I hope you can see the difference.
2. The water balloon COULD have caused injury. They have and the possibility exists they could again. Whether or not you think one aggressively thrown object is permissible over another is irrelevant. They should not have been throwing anything at her.
3. She defended herself with what was available.
4. I have stated repeatedly the solution-mediation between the parties-is the correct solution. I'm not saying she should just walk away happy-go-lucky from this.
My main point is and has been: A felony charge in this case was incorrect.
That'll end my participation here since it's circular now. Thank you.

*wait. You were representing someone and you are upset they didn't get more time? Hmm. That's gotta be unusual for a defense attorney. 😛
 
wait. You were representing someone and you are upset they didn't get more time? Hmm. That's gotta be unusual for a defense attorney.
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LOL Remind me not to call DonVito if I'm ever booked may end up in the gas chamber for something as mundane as wreckless driving with representation like that.😛

All Kidding aside, I agree completly with Jpeyton's assement. This is a child and should have never even been arrested let alone charged for felony for throwing a rock. (who has'nt?) This is a family matter which requires couseling if that in this case. Times must have changed since i was a kid. I damn near cut a kids arm off with a broken bottle at 12 in one fist-a-cuffs I was in and was released to my parents. Facts are kids will be kids and make lots of mistakes.. They certainly don't belong in prison were they can perfect thier mistakes.
 
Originally posted by: Zebo
wait. You were representing someone and you are upset they didn't get more time? Hmm. That's gotta be unusual for a defense attorney.
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LOL Remind me not to call DonVito if I'm ever booked may end up in the gas chamber for something as mundane as wreckless driving with representation like that.😛

All Kidding aside, I agree completly with Jpeyton's assement. This is a child and should have never even been arrested let alone charged for felony for throwing a rock. (who has'nt?) This is a family matter which requires couseling if that in this case. Times must have changed since i was a kid. I damn near cut a kids arm off with a broken bottle at 12 in one fist-a-cuffs I was in and was released to my parents. Facts are kids will be kids and make lots of mistakes.. They certainly don't belong in prison were they can perfect thier mistakes.
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Same thing with the Kutztown 13.
Many folks on here feel the kids are Felons alongside Murderers and Rapists.
 
Originally posted by: FuzzyBee
Water balloons don't kill. People who throw 2-lb rocks in retaliation kill.
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Can you prove her intent was to kill?? For all we know, she may not even have meant to hit him and certainly not in the head, just make him back off and leave her alone.

She is only 11, give her a break for God's sake. These cops and DA's that would rather go after a 11 year old in a stupid case like this rather then tackle a tough case make me want to puke.
 
Originally posted by: 1EZduzit
Originally posted by: FuzzyBee
Water balloons don't kill. People who throw 2-lb rocks in retaliation kill.
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Can you prove her intent was to kill??
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No, but on the other hand, I never said her intent was to kill. That being said, which is more likely to cause serious injury - a water balloon, or a 2lb rock?
 
Originally posted by: FuzzyBee
Originally posted by: 1EZduzit
Originally posted by: FuzzyBee
Water balloons don't kill. People who throw 2-lb rocks in retaliation kill.
Click to expand...

Can you prove her intent was to kill??
Click to expand...

No, but on the other hand, I never said her intent was to kill. That being said, which is more likely to cause serious injury - a water balloon, or a 2lb rock?
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Can you prove her intent to hit him with the rock?? From what I've read here, they can't even prove the 2 pound rock in question was the one she threw.

The police surely have more serious threats to deal with? Gangs, real murders, burgleries, etc. and the DA's should be spending their time trying to put away some real criminals instead of plea bargining with them.

DUHHH!
 
Originally posted by: 1EZduzit
Originally posted by: FuzzyBee
Originally posted by: 1EZduzit
Originally posted by: FuzzyBee
Water balloons don't kill. People who throw 2-lb rocks in retaliation kill.
Click to expand...

Can you prove her intent was to kill??
Click to expand...

No, but on the other hand, I never said her intent was to kill. That being said, which is more likely to cause serious injury - a water balloon, or a 2lb rock?
Click to expand...

Can you prove her intent to hit him with the rock?? From what I've read here, they can't even prove the 2 pound rock in question was the one she threw.

The police surely have more serious threats to deal with? Gangs, real murders, burgleries, etc. and the DA's should be spending their time trying to put away some real criminals instead of plea bargining with them.

DUHHH!
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Please, just this once, can you read?

I never said her intent was to kill.

DUHHH!

NIce answer to the question, though!
 
wow nowadays when kids throw rocks at eachother it is considered "assualt with a deadly weapon"?!? man whatever happened to the good ol days, times sure do change....
 
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