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  1. #1
    Terminator's Avatar
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    Cops place boy, 12, in handcuffs for genital graffiti...mom whines police overreacted

    Frances Mahurin’s knees buckled after an officer approached her door Sunday afternoon.

    “First off, I just want you to know your son is OK,” Mahurin recalled the officer telling her.

    Mahurin said her 12-year-old son was riding his bike, a new Christmas present.

    “He was out with his friends, but I had him checking in every half-hour or so,” she said.

    Around 4:30 p.m., though, she said an officer knocked on her door, saying her son was in handcuffs and on the way to the police department. Her son and one of his 11-year-old friends were detained for what police spokesman Lt. Michael Penshorn called “vulgar graffiti” on a drainage ditch at the 100 block of Stonegate Drive, near Fire Station No. 6.

    “I was shocked,” she said. “They kept telling me there was this big issue with tagging around town. My son doesn’t even know what tagging is. (He) drew a stick figure with boobs and one with a penis.”

    She told the officer she would head to the station immediately, but he told her to take her time because the officers needed to hear back from Guadalupe County Juvenile Probation Department to see if the children would be released to their parents.

    Mahurin repeated that she would be there immediately.

    Despite her son’s pleading to head home and tell his mother, Mahurin said the officer took the boys straight to the police department.

    Penshorn said that because of a law in the Texas Family Code Section 52.02 and 52.025, officers are only allowed to make one stop between where a child is detained and where he is processed; therefore, they could not have stopped off at her house.

    The law which Penshorn cited states: “a person taking a child into custody, without unnecessary delay and without first taking the child to any place other than a juvenile processing office ... shall do one of the following: ...”

    Officers are allowed to release the child to a parent or guardian with that person’s promise to bring the child before juvenile court, bring the child to a detention facility, bring the child to a medical facility or dispose of the case.

    At the station, Mahurin said she sat in the waiting room for what felt like hours.

    “They wouldn’t let me back there. (The boys) were back there with no adults at all,” she said.

    Penshorn said because the juveniles were caught in the act, they were not being questioned; therefore, they did not need an attorney or parent present.

    “We put them in cuffs and get them finger-printed and photographed,” Penshorn said. “It’s to teach them a lesson, so we don’t see them back here again.”

    When she was allowed into the station, she said she found her son with his head down, slightly whimpering.

    Mahurin said her son’s bike was also picked up from the scene.

    “At first they told me they would keep the bike for at least six months as evidence,” she said. “Finally, as they were letting him go, they told him since he was good and cooperated, he could have his bike back.”

    Penshorn again said the officers probably told him they would keep his bike for six months to scare him or teach him a lesson.

    “Trust me,” Mahurin said, “I will teach him a lesson. This won’t go unpunished, but the way it was handled was absolutely absurd.”

    Mike White, an attorney who works with the American Civil Liberties Union’s San Antonio branch, said the police department’s actions were legal, but not necessarily just.

    “It’s up to (the police department) whether to hold the kids or let them go back home to the parents,” he said.

    Mahurin said the officers she spoke to were polite to her, but she is scared of the ramifications this will have on her and her son in the future.

    “I feel like I’m standing up for something important by putting this out there,” Mahurin said.

  2. #2
    Five-0's Avatar
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    Quote Originally Posted by Terminator
    “They wouldn’t let me back there. (The boys) were back there with no adults at all,” she said.
    No kidding. They are juveniles we don't keep them with adult inmates.

    Quote Originally Posted by Terminator
    Mike White, an attorney who works with the American Civil Liberties Union’s San Antonio branch, said the police department’s actions were legal, but not necessarily just.
    Oh pray tell what is just in the eyes of an ACLU lawyer.

    Quote Originally Posted by Terminator
    Mahurin said the officers she spoke to were polite to her, but she is scared of the ramifications this will have on her and her son in the future.
    I'm scared of what else your little darling angel will be into without you knowing too lady. I see a place to lay some blame. None of those places are wearing a badge.

    Quote Originally Posted by Terminator
    “I feel like I’m standing up for something important by putting this out there,” Mahurin said.
    An ounce of responsible parenting is worth a ton of police enforcement action. Had these boys tagged in a gang's territory and gotten caught imagine the results. Mahurin would have been wondering where the police were to stop such senseless violence.

    Meanwhile, fishing in Russia:

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  3. #3
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    Even the ACLU had a hard time finding fault with it...
    RIP Sarah Noll~11-8-87 to 4-17-08

  4. #4
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    Playing devil's advocate, if it really was just a couple of stick figures and they weren't actually tagging, I would see no harm in scaring the crap out of them and returning them to their parents. Of course, if they were little shitheads, then I guess they got what was coming to them. Really, though, tying up our juvenile systems isn't necessarily needed in this instance from what I can tell.
    --"D.B.A.D." --Me

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  5. #5
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    Mom needs to hop on the clue bus. The scared straight tactic is as old as the day is long. Heaven forbid that someone cares enough about her child to take steps to try to prevent him from getting in trouble again. Maybe she should take a few notes. I can't tell you how many times that parents claim that they will take care of their child (in front of the police or the public) and then as soon as they are back home, continue to not discipline their child.
    CHIRP! CHIRP!

  6. #6
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    Quote Originally Posted by irishmick View Post
    Really, though, tying up our juvenile systems isn't necessarily needed in this instance from what I can tell.
    Actually, processing them, getting photos, and discussing possible charges with juvenile court officers is what you're supposed to do. We do it all the time and if mommy doesn't like coming to the station to pick up her baby angel she should consider more active parenting.
    Pleasing nobody, one person at a time.

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  7. #7
    Jks9199 is online now The Reason People Hate Cops & Causer of War
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    Quote Originally Posted by Xiphos View Post
    Actually, processing them, getting photos, and discussing possible charges with juvenile court officers is what you're supposed to do. We do it all the time and if mommy doesn't like coming to the station to pick up her baby angel she should consider more active parenting.
    Given similar circumstances to what happened here -- that's about what I'd have done. Take the kid to the station, call mom, and release him to mom with the warning that, if we are going to prosecute, they'll get a notice from the court. Depending on the details and how the family responds -- I may tell them I'll call them if we choose to prosecute so that it's not a surprise. (If they piss me off... they're SOL!)

    The ones I love are the ones who can't be bothered to come to get their kid until I threaten them with CPS... 'cause you know how likely a Detention Order is, especially up here in Northern Virginia!
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  8. #8
    Xiphos's Avatar
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    I had to call a mom back and ask her ETA and she said she wasn't coming. She only came to the department after I threatened to charge her with contributing to the delinquency of a minor. I don't know who she was madder at, me or the kid.
    Pleasing nobody, one person at a time.

    That which does not kill me, better start fucking running.

    If I lived every day like it was my last, the body count would be staggering.

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  9. #9
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    Quote Originally Posted by irishmick View Post
    Playing devil's advocate, if it really was just a couple of stick figures and they weren't actually tagging, I would see no harm in scaring the crap out of them and returning them to their parents. Of course, if they were little shitheads, then I guess they got what was coming to them. Really, though, tying up our juvenile systems isn't necessarily needed in this instance from what I can tell.
    What's tying up? If this was simple tagging, it's probably being handled at the minicipal level. I would have hooked them, processed them, and released them to the parent on a simple summons. They come to the same court as everyone else, but just have to have their parents with them. Trust me...I wouldn't be tying up a bed. The little cretins would only get a fine and some community service.
    "If anything worthwhile comes of this tragedy, it should be the realization by every citizen that often the only thing that stands between them and losing everything they hold dear... is the man wearing a badge." -- Ronald Reagan, in the wake of the deaths of 4 CHP troopers in the Newhall Incident, 1970

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  10. #10
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    Quote Originally Posted by irishmick View Post
    Playing devil's advocate, if it really was just a couple of stick figures and they weren't actually tagging, I would see no harm in scaring the crap out of them and returning them to their parents. Of course, if they were little shitheads, then I guess they got what was coming to them. Really, though, tying up our juvenile systems isn't necessarily needed in this instance from what I can tell.
    I see what you're saying, but regardless of "what" was drawn, it is still vandalism. "Tagging" doesn't have to be a gang or a crew. I don't believe in "scaring" kids; I believe in a dose of reality. I don't see a problem with what was done. I tell both the parental units and the juveniles that this could either be the start of the paper trail that becomes the criminal record, or a small reminder of a bad choice they made years ago - the choice is theirs.

    I agree the mom needs a trip to the clue factory!
    The true measure of your character is what you choose to do when you think no one is looking.

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  11. #11
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    For some reason the movie Colors comes to mind after reading this. The scene where Pacman takes the kids spray paint can after he catches him and sprays him in the face.
    Wise men stand behind me, brave men stand beside me, but only fools stand against me.

    The force that propels you to prevail when you are put to a test of survival will be a mindset that refuses to accept nothing but winning.

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  12. #12
    Norm357's Avatar
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    Genital graffiti. Hmmmmmmm
    dlefdal said:
    Ummmm, what if I don't like thumbs in my butt?

  13. #13
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    Quote Originally Posted by IndianaFuzz View Post
    Mom needs to hop on the clue bus. The scared straight tactic is as old as the day is long. Heaven forbid that someone cares enough about her child to take steps to try to prevent him from getting in trouble again. Maybe she should take a few notes. I can't tell you how many times that parents claim that they will take care of their child (in front of the police or the public) and then as soon as they are back home, continue to not discipline their child.

    I agree completely. When I worked as a Detention Deputy we tried to deter first time juvies from becoming repeat offenders. I know we had one 17 yo come in on a DUI. The arresting officer checked out his background and found he was a straight A student, never in trouble, basically a good kid. We worked him and scared the crap out of him, but the officer chose not to file charges because he didn't want to screw the kid's life up with a DUI at 17 and ruin his chances for college. The kid never came back and the officer told me a year or so later that the mother had contacted him and told him that her son had gone on to college and was on the Dean's list. Sometimes there is a good ending!

    My dad, I miss him every day.

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  14. #14
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    This is one of those stories which, imo, cannot be judged from the comfort of the keyboard. There is a whole lot of what was said, and how, missing. At the end of the day though everyone went home and lived to find something more important to worry about.

    Well, most did.

  15. #15
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    Quote Originally Posted by Norm357 View Post
    Genital graffiti. Hmmmmmmm
    Before I read the article, I was thinking maybe the kids were spray painting other people's 'nads.
    CHIRP! CHIRP!

  16. #16
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    Quote Originally Posted by 121Traffic View Post
    The little cretins would only get a fine and some community service.
    I think the parent(s) should participate in that community service as well as removing said graffiti along with the cretin child. Maybe junior will think twice after getting his ass beat.


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  17. #17
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    there are alot of 12 year olds taller than me, therefore for me it would depend on there size, attitude and what crime they committed.

  18. #18
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    Quote Originally Posted by IndianaFuzz View Post
    Mom needs to hop on the clue bus.



    that just struck me as damn funny.
    Never be afraid to do what's right, especially if the well-being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way" ~Martin Luther King, Jr

 

 

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