a rock can be a deadly weapon (which is one reason why I think the Israeli's should open fire on crowds throwing rocks at people), but I don't think charges are appropriate in this case

Maybe the police officer is ex border patrol and has "issues" with rock throwing latinos?

Quoted: Well, we've reached the bottom folks. Fucking ROCKS are now deadly weapons.

Well that's odd, the guys that were pummeling the truck driver Reginal Denny with cinder blocks during the LA Riots were only convicted of simple assault when the jury under instructions from the judge ruled that cinder blocks were no deadly weapon even though they were being hurled full force at Reginal's head.

I used to have rock fights as a kid.

Dang...  I tell ya what, I got soo many rocks I must be on the FBIs 10 most wanted.  

Jeez, this "deadly weapon" stuff is BULLSHIT.  Somebody(cop, DA???) needs a new outlet.  I would suggest paper dolls.  

Good go for the little girl though.

Quoted: Quoted: This should be a lesson learned, never bring a balloon to a rock fight. A new sig line here.   Eagle1911 - Hope you don't mind, but I am adding this to my sig line.

Go for it, it don't bother me any.

A couple of things.  

1.) Rocks can be deadly weapons, they still stone people to death in the middle east, IIRC.

2.) Here is an excerp of California law:

Penal Code Section 26.  All persons are capable of committing crimes except those
belonging to the following classes:.............. One--Children under the age of 14, in the absence of clear proof that at the time of committing the act charged against them, they knew its wrongfulness.....................

The officer must also get a voluntary statement from the child saying they knew the act was wrong.  

As a police supervisor I am having real trouble with this one.   Without a spanish speaking officer, how can they know this was committed by the 11 yr old who "knew the wrongfulness of the act". If they are unable to communicate with her.   Clearly if she is defending herself, at her age she may not know the difference; let alone articulate the difference.  

Another thing, why book her at all, I heard they are busy like crazy in Fresno right now, cite her into court or let the juvenile D.A. review it.   I'll bet this case is dismissed out of hand when the juvenile D.A. sees it anyway.  

Again, as a supervisor, I would have counseled the parents of both parties about controlling their children, and let it go civily.

ETA:  I just don't understand why "Bubba"(The Mayor of Fresno) lets this happen.

 

Update, Maribel has learned to speak English. I heard he talking about her arrest on one of the morning shows.

The charges were dropped, in exchange for her meeting with the victim, and his family and apologizing.

Quoted: Update, Maribel has learned to speak English. I heard he talking about her arrest on one of the morning shows. The charges were dropped, in exchange for her meeting with the victim, and his family and apologizing.

Who got stuck with victims the medical bills? Oh yeah, the taxpayers and every person who pays medical insurance premiums.

I'm glad we were able to show this girl that just saying your sorry makes everything all right. That you can do whatever you want, whenever you want, as long as you remember to apologize later.

Quoted: Quoted: Other than my initial reaction of this is quite a bit of overkill by the authorities, it strikes me that there has to be quite a bit more to this story. Never known anyone to move cause they got hit by a rock.  An 11 year old that doesn't speak any English at all is also rare so her citizenship is in question which could explain the ankle bracelet.   Even though as a kid I would have been in prison 50 times over for throwing rocks, this story seems so slanted one way that I can't honestly be up in arms over it. Tj I wondered about that, too.  Obviously there's more to this story, and I'm curious about the rest of it.  That said, when I was a kid I threw a HUGE rock at a boy that felt it was necessary to throw dirt in my face.  The rock hit him so hard in the chest it knocked him down.  He got up, smiled, and never threw dirt in my face again.  We were friends after that, and we still talked about the 'incident' 10 years later in high school.  Times have changed...

I wouldn't be admiting that on the internet unless I had researched the statute of limitations on rock throwing. IIRC Earnest T. Bass died recently. Guess that's one that got away.

11-Year-Old California Girl Who Threw Rock at Boy Spared Felony Trial

LISA LEFF
Associated Press Writer


FRESNO, California (AP) -- An 11-year-old girl who threw a rock at a boy during a water balloon fight escaped jail time Wednesday on an assault with a deadly weapon charge as she was ordered to talk about the fight with her young victim.

Maribel Cuevas was prepared to face a felony trial when lawyers reached a deal that allowed her to avoid pleading guilty.

Cuevas spent five days in juvenile hall and a month under house arrest after throwing a two-pound (about one kilo) rock at 8-year-old Elijah Vang, cutting his forehead after he pelted her with a water-filled balloon.

Police, who responded with three cars while a helicopter hovered overhead, said they arrested Cuevas for resisting arrest and scratching an officer's arm.

High-ranking officials 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. Maribel will be on informal probation for six months and the charges will be dismissed if she stays in school and keeps out of trouble.

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,'' defense lawyer Richard Beshwate Jr. said.

Police were expected to comment later in the day.

The girl maintained she was playing on the sidewalk with her 6-year-old brother on April 29 when Elijah rode by on his bike with a half-dozen neighborhood boys, who splattered them with water balloons.

The girl threw a rock that police later described as ''jagged'' and measuring 5.5 inches (14 centimeters) by 3.75 inches (9.5 centimeters). It hit Elijah on the head, opening a gash that required stitches. While she ran to find Elijah's parents, a neighbor called emergency services.

Elijah's family, which has since moved away, declined to press charges, but were prepared to testify for the prosecution. They did not appear in the courtroom.

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.''

The court order requiring Maribel and Elijah to get together 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,'' Court Commissioner Nystrom-Geist said.

Fresno's mayor and police chief have said Maribel's case was handled appropriately, and that assault with a deadly weapon was the proper charge for an act that might have had deadly consequences.

In a statement issued shortly after The Associated Press published a story about the case, Fresno Police Chief Jerry Dyer defended his department's decision to arrest the girl and seek a felony charge in the Juvenile Delinquency Division of Fresno County Superior Court.

''The simple fact is that we have an 11-year-old girl who struck a boy in the head with a jagged-edged, two-pound river rock, that required him to have stitches,'' Dyer said. ''That is a felony, assault with a deadly weapon, and we are very fortunate that that act did not cause a more serious injury, even death.''