CA seeks felony conviction of 11 year old girl who threw rock at boy harassing her
Trial begins today.
http://www.foxnews.com/story/0,2933,164578,00.html
http://sf.indymedia.org/news/2005/07/1717814.php
In California:
Assault with a deadly weapon as defined above is a felony punishable by imprisonment in the state prison for two, three or four years, or in a county jail for not less than six months and not exceeding one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both fine and imprisonment.
http://www.foxnews.com/story/0,2933,164578,00.html
The defense strategy will include showing that Maribel's action was provoked, and that she had been subject to harassment before, Bennett said. "This has occurred more than once so Maribel's reaction may have not been unwarranted," she said.
A support rally was held in Fresno for an eleven year old Maribel Cuevas, arrested for defending herself against neighborhood boys who were throwing water balloons at her. Maribel, who threw a rock and hit one of the boys, was arrested by a Fresno police officer who hand cuffed her as she lie on the ground with his knee on her back. Three police cars responded and a law enforcement helicopter was overhead during the arrest of the young girl. She was taken to juvenile hall where she spent the next 5 days. The charge against her is felony assault with a deadly weapon and her trial is due to start on Wednesday, August 3, 2005.
The arrest happened in April 2005 when Maribel was outside her home and several neighborhood boys rode by on their bikes, teasing her, calling her names, and throwing water balloons at her. When the boys refused to leave, Maribel responded by throwing a rock that hit one of the boys on the forehead. An aunt of one of her playmates saw the boy?s forehead was bleeding and put a towel on it to stop the bleeding. She then called 911. In the meantime, Maribel ran to the boys house to apologize to his parents.
Maribel says that when the police arrived they grabbed her from behind, "by my shirt. I was so scared. . . I didn?t know what they were doing." Maribel?s mother, Guadalupe Cuevas, tried to reach her daughter but was kept away by arresting officers. Guadalupe does not speak English and the arresting officers did not speak Spanish. Maribel was read her Maranda rights (twice) in English, taken to juvenile hall, and booked on felony assault charges. She was held in juvenile hall for the next five days, without seeing her parents.
The arrest happened in April 2005 when Maribel was outside her home and several neighborhood boys rode by on their bikes, teasing her, calling her names, and throwing water balloons at her. When the boys refused to leave, Maribel responded by throwing a rock that hit one of the boys on the forehead. An aunt of one of her playmates saw the boy?s forehead was bleeding and put a towel on it to stop the bleeding. She then called 911. In the meantime, Maribel ran to the boys house to apologize to his parents.
Maribel says that when the police arrived they grabbed her from behind, "by my shirt. I was so scared. . . I didn?t know what they were doing." Maribel?s mother, Guadalupe Cuevas, tried to reach her daughter but was kept away by arresting officers. Guadalupe does not speak English and the arresting officers did not speak Spanish. Maribel was read her Maranda rights (twice) in English, taken to juvenile hall, and booked on felony assault charges. She was held in juvenile hall for the next five days, without seeing her parents.
Assault with a deadly weapon as defined above is a felony punishable by imprisonment in the state prison for two, three or four years, or in a county jail for not less than six months and not exceeding one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both fine and imprisonment.
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