Criminalizing of a 10-Year-Old Child

 

Criminalizing of a 10-Year-Old Child

The “school to prison pipeline”

-------------------------

From Woodshed Back to School

By Harry M. Covert

ALEXANDRIA, Va.

Time has come to pay attention to an age of accountability. Adults must seriously realize that boys and girls of 10 are categorically and truly children. No matter race, creed, color or national origin or anything else they are of tender age.

This is not a matter of merely following a pack of ravenous wolves that many public schools administrators seem to have become treating their children.

Case in point is the recent arrest of a 10-year-old boy at Alexandria’s Douglas MacArthur School.

The crime: having an obvious child’s toy plastic pistol in his backpack. He was taken into police custody, thankfully not handcuffed, finger-printed and held. School and juvenile authorities said they had trouble locating his mother. He was suspended from school and transferred to another.
It took juvenile court judge Uley Norris Damiami to release the child. A criminal record no less for him.

This audacious case is a cause celebe. School administrators, teachers and school board members should now to either the “woodshed” or back to school.

Melinda Douglas, Alexandria’s Chief Public Defender, is “outraged” by the incident and has some stringent and pointed comments. Her office represents the child and described the matter as “totally and extremely outrageous and over-reactive.” She’s correct.

Ms. Douglas expects the prosecution to be dropped by prosecution by the Commonwealth’s Attorney’s office. She’s insisting the boy’s school crime record be expunged. It should be.

“There is no indication (in the facts) of anything other than a toy,” Douglas said. “The way it was handled is outrageous, totally outrageous, and shows the administration is worse than teachers and the juvenile system.”

Douglas has “grave concern” about the impact on the youngster. She said it is a clear example of the “school to prison pipeline” where immature, innocent children become “ostracized by classmates. They often begin acting out being tough criminals.” The road leads to lives of crime and the state penal system.

A child is indeed a youngster and not a “kid” as society is want to describe them. In one of the more egregious actions in the city’s history present day school administrators appear to have forgotten how to treat a child.

Instead of soothing and solving the matter of guns in schools Alexandria’s education leaders may have created the awful “school to prison pipeline.”

Without debate school safety is vital especially in these days when national attention is riveted on unimaginable school deaths not seen in the nation’s history. Rightly so. But, there is no reason for common sense to get out of hand and overreaction. Police authorities know the difference between serious crimes and child’s play.

Douglas’ youngest defendant in her Alexandria career involved an eight-year-old – a child mind you – who was arrested and charged with “mooning” out of the rear window of a yellow school bus.

Gentle reader, mooning isn’t to be confused with the youthful days of submarine counting at the Alexandria waterfront. Douglas’ child-client simply bared his bottom. I hope he wasn’t warped by insensitive school and the legal eagles who may have lost the ability to laugh and get into the real world.

This column has appeared in www.alexandriagazette.com

Have a Comment?  

Write: hmcovert@gmail.com

A Murky Case of the Movie Ticket 

Why Did Down Syndrome Man Die? 

-------------------------

Case Drew Negative National Attention

FREDERICK, Md.

By Harry M. Covert

Knee-jerk reactions are difficult to overcome particularly when our own children are involved. Above all when physically and mentally challenged citizens have difficulties our hearts and minds are wrecked.

The recent tragic death of a 26-year-old New Market man has charged people from all over Frederick County, the state of Maryland and all over the country.

My email inbox and social media sites are flooded with urgent messages, advice and opinions about Robert Ethan Saylor’s death on the night of Jan. 12 at a Frederick movie theater.

Dealing with individuals of limited abilities is probably the most difficult for law enforcement. Any action is often grim.

Like everyone I was angry and appalled at Mr. Saylor’s asphyxiation death at the theater. Three security people, veteran off-duty sheriff’s deputies, were called to force him to leave after the movie or to buy another $11.50 ticket. 

Here’s where the incident becomes murky, fatal for the young man and questionable to the deputies.

Mr. Saylor was a Down syndrome citizen. His companion/social worker allegedly left him along asked theater staff to help remove him. They in turn called on security.

Soon as the off-duty deputies handcuffed a struggling Mr. Saylor, he suffered a “medical emergency”. A medical examiner ruled the incident homicide.

As with many Down syndrome men and women and boys and girls, they are often overweight and can panic easily when frightened. Mr. Saylor was considered obese. Three sets of handcuffs were used to subdue him.

 

However, to me the question arises why the rush to remove him from the movie? There is no evidence his seat was needed for another customer. Why didn’t officials wait a few minutes, give him an opportunity to relax and possibly change his mind? Why didn’t the theater manager just complement Mr. Saylor another ticket?

Second guessing at this point does no good for anyone, particularly the victim. It remains an infuriating situation.

After agonizing over the incident for a few weeks Frederick County Sheriff Chuck Jenkins placed the three deputies on administrative leave. Because of the national nature of the case and almost a thousand calls to his office, he had no choice.

“I do understand the negative outcry,” Sheriff Jenkins said. “The death of Mr. Saylor was very tragic.”

So what happens now? 

Certainly an improved sensitivity training is coming. Not only should all sworn law officers be involved in refresher classes, the general public should learn how to better recognize and deal properly with disabled citizens. More often than not many civilians face delicate situations and don’t know how to react.

Sometimes the most troubling situations can be solved with the simplest methods.

I did notice that theater owners are required to have a million-dollar liability insurance policy. That won’t be a salve to the deceased or to the living.

This column appeared in www.thetentacle.com

Have a comment?

Write: hmcovert@gmail.com

###

The Art of Being Offended

My Word

By Harry M. Covert

How to be offended? Let me count the ways. In this era when everybody is always exasperated, hurt, insulted, outraged and provoked by something, I am beginning to feel as though there should be a national day for crybabies.

Frankly, I’m offended. I’m a Native American, born and raised in the good old US of A. I’m offended at the faux fight to make the Washington Redskins change its name. This comes up often; and if anyone challenges this nonsensical stance, they become a pariah, insensitive, un-American or, politically incorrect.

I don’t feel the least bit troubled that as a boy we played cowboys and Indians in our neighborhood. Nor do I find it a slight to watch western movies where Indians are part of the story. What better hero than Tonto, the loyal sidekick of The Lone Ranger?

It’s a different time, of course, but we had cap pistols. We didn’t run around and try to hold up gas stations, or grocery stores with these toys.

Certainly there have been inequities in society and not all good. Isn’t it time to stop acting as immature adults and be grownups?

I’m not offended either when I read or watch one of my favorite British sleuths, Miss Marple. Throughout the Agatha Christie stories, Miss Marple uses the phrase, “Americans have a lot to answer for.” Or, I learned that British hotels looked down on their American cousins to provide “American rooms” and “television rooms.”

Offended? Absolutely not. “American rooms” back in the ‘20s and ‘30s had plumbing in individual rooms.

Attention-seekers bring up the Indian/Native American issue almost yearly; and, in my mind, it’s stupid.

I’m offended that Indians can run all kinds of gambling enterprises on their properties outside of federal, state and local jurisdictions.

I don’t intend to be insensitive here, but it’s somewhat silly going through life being offended?

Consider the daily abuse for sports figures, reporters and columnists, attorneys, judges, sheriffs, preachers, teachers, speeders, umpires, referees in all sports, and business owners. The list goes on and on.

Nicknames like Indians, Redskins, and Braves honor the history of the nation. Back in Jamestown, Pocahontas was an Indian. Oklahoma’s Jim Thorpe was an Indian. Pro footballer and wrestler Wahoo McDaniel was an Indian. Roy Rogers, the King of the Cowboys, was proud to be part Cherokee. One college shifted its name from the Indians to the Tribe. Now really, to what does this refer? Certainly not the Twelve Tribes of Israel.

Even the often besmirched U. S. Supreme Court has affirmed usage of Redskins for the professional football team. In the continuing saga, I wonder how many Indians and Native Americans buy tickets to the Landover games.

Maryland’s history includes The Nanticoke, Piscataway, and Susquehannock tribes. Each made its positive mark on the Free State.

It’s high time to stop being offended all the time. We are who we are and should be proud of that. There are so many opportunities out there for everyone. I doubt it will ever occur, but, if it does, would Rome name its new leader the Pope-ess? Or, Holy Mother?

In Potawatomi, Kemo Sabe is a wonderful word meaning “trusty scout” or “faithful friend.” Instead of wringing offended hands, think about being either or both.

As the old saw is remembered, “call me anything; just don’t call me late for dinner – or payday.”

This column appeared in www.TheTentacle.com Feb. 15, 2013

● ● ●

Bryan Porter’s Race to Reduce Crime

By Harry M. Covert

In one of the more memorable trials in Alexandria’s Circuit Court the young lawyer was making his first major murder prosecution. In a dignified blue business suit, power tie and sporting new cufflinks he cut the figure of a veteran trial lawyer.

On that date, the Virginia courtroom was filled to capacity. When asked if prosecutor and defense attorney were ready Bryan Porter stood eagerly and in a firm voice answered “Yes, Your Honor”. If there was any anxiety it wasn’t seen this day in the Franklin P. Backus Courthouse on King Street.

The former Alexandria police officer presented the case for the Commonwealth with fact after undisputed fact. Following a brief lunch break it was rather obvious the local defendant was going to be on the losing end. He was, too, and sent to a long time penitentiary sentence.

While Porter was all business he broke out into a nice smile. His success wasn’t spoiled amid the handshakes and congratulations.

From that time, Porter has tried some 800 felony cases, many misdemeanors and handles most of the murder and violent crime cases before the Alexandria Commonwealth’s Attorney’s office.

On Saturday past, Bryan Porter threw a big party in Del Ray’s Pork Barrel restaurant to announce his candidacy for the city’s Commonwealth’s Attorney. S. Randolph Sengel, longtime chief prosecutor, will retire from the office he’s held for three decades. His term ends at the end of the year.

Porter praised Sengel for his leadership. “The city is losing a sterling public official.”

He pledged if elected, “you’ll elect someone who believes in protecting the people. I give my word to prosecute with humility. And I will vigorously work to have policies that reduce crime.”

Bryan wondered if he’d have a crowd. He was more than pleased. The turnout was about 500, including Sheriff Dana Lawhorne, Mayor Bill Euille, new Vice Mayor Alison Silverberg, City Council members Justin Wilson, Del Pepper, Tim Lovain and John Alexander. Delegate Rob Krupicka, a former councilman, was also joined by Dak Hardwick, chairman of the Alexandria Democratic Committee.

Joining the local throng were many local business leaders and Benjamin Katz of the Virginia Attorney General’s office. He is a former prosecutor in Alexandria.

Sheriff Lawhorne will be campaigning for reelection as Porter seeks his first time in the Nov. 5 election.

Sengel has been one of the most influential political leaders in the city and state and will be a major player in the coming race.

“Bryan is an excellent trial attorney,” Sengel said. “He’s lived the life of law enforcement and has been blessed to work with our staff of high standards.”

Lawhorne will be seeking his third four-year term as sheriff. He is considered the most popular and most effective sheriff in the city’s history. He praised Bryan and his family. “John and Bonnie Porter taught their family great values and they live those values.” Bryan’s brother Scott is an assistant Commonwealth’s Attorney in Arlington.

For the occasion, Porter also donned a business suit. It was evident he was ready for the political business.

This column appeared in the www.AlexandriaGazette.com issue of Feb. 14-21, 2013.