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  1. #1
    TXCharlie's Avatar
    TXCharlie is offline Former & Future Reserve Officer
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    10-Year-Old Girl Charged with Family Violence Assault for Fighting With Her 13-yo Sister in a Park

    http://www.myfoxdfw.com/dpp/news/10YearOld_Jailed_for_Fight_wi
    Sometimes our"homeboys" get a little too serious... Shows what happens when the law is so inflexible that it allows no descretion.

    10-Year-Old Jailed for Fight w/ Sister


    Published : Monday, 08 Jun 2009, 6:03 PM CDT
    (Video report on web site)

    FLOWER MOUND, Texas - Police in Flower Mound arrested a 10-year-old girl Saturday after someone reported she was fighting with her sister in a park.

    The girl's mother said she was handcuffed and even charged with assault.


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    CTR man's Avatar
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    WOW!!! Isn't this going a little bit overboard?


    Choose The Right. When you're doing whats right, then you have nothing to worry about.

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    In memory of Sgt. Howard K. Stevenson 1965 - 2005. Ceres Police Dept.
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  3. #3
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    ah, yeah thats ridiculous.
    No one has greater love than this, to lay down ones life for ones friends - John 15:13

    "The Wicked Flee When No Man Pursueth: But The Righteous Are Bold As A Lion".

    We lucky few, we band of brothers. For he who today sheds his blood with me shall be my brother.

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    The opinions, beliefs, and ideas expressed in this post are mine, and mine alone. They are NOT the opinions, beliefs, ideas, or policies of my Agency, Police Chief, City Council, or any member of my department.

  4. #4
    mack's Avatar
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    Dang, my older sisters and I used to fight like crazy! I broke one sisters thumb when I was 9 and they used to rip each other's pierced earings out in the knock down drag outs over clothes and chores, AND my dad was a cop! Most that ever happened to us was we were grounded.

    My dad, I miss him every day.

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  5. #5
    ChesCopPodz's Avatar
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    In Virginia siblings were considered under domestic violence. Domestic violence was a shall arrest, period. Officer probably followed the law and his policies to the letter, which is why zero tolerance crap is always dumb.
    The world would be much cleaner if blind people carried brooms instead of sticks.

    At communion, when the priest says "Body of Christ", I say "Thanks, I've been working out", then I grab the cracker and run back to my seat

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  6. #6
    Wolven's Avatar
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    My sister and I would have spent half our childhood in juvie. LOL Someone needs to use some common sense..especially if it is based on a zero tolerance rule...which at times can be ridiculous.
    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

  7. #7
    TXCharlie's Avatar
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    Angry UPDATED STORY

    10-Year-Old Jailed for
    Fight w/ Sister
    Published : Monday, 08 Jun 2009, 6:03 PM CDT

    Shaun Rabb

    FLOWER MOUND, Texas - Police in Flower Mound arrested a 10-year-old girl over the weekend for fighting with her older sister. They handcuffed her, took her fingerprints and picture, and charged with assault.

    Officers in the town about 25 miles northwest of Dallas say it's not the first time they've arrested a young child for family violence, because they say state law forces them to take action. This time, a young girl is charged with a Class A misdemeanor assault.

    Reagan and Desiree Green get along pretty well most of the time, but they admit they sometimes clash like all sisters do.

    On Saturday they were playing in a Flower Mound park when 10-year-old Reagan refused to follow 13-year-old Desiree's instructions. In fact, she went beyond just saying "no."

    "She pushed me, so I just walked away from it," Desiree recalled. "The third time she pushed me, we just started fighting."

    Someone saw them fighting and called police. An officer showed up and ultimately, the younger girl was arrested.

    The girls were visiting family in Flower Mound and went back to their house. Officers arrived after them, minutes before the girls' mother.

    Rhonda Green said the officers told her, "'This is criminal, and one of them is going to have to go to jail and it's probably going to have to your younger one because she was the aggressor,' and I said, 'Are you kidding me?' and he said, 'No, no.'"

    "They handcuffed me and put me in the car," Reagan recalled. "He just told me he was going to take me to jail."

    We asked the police what happened.

    "Both of them had some injuries," said Lt. Clay Pierce of the Flower Mound Police Dept. "The one showed more serious injuries, so the other one was detained."

    Pierce said this was a case of family violence.

    "By state law we are required to take action and what we did, we detained the youngest one," he said.

    "They fingerprinted my baby," said Rhonda Green. "My baby is in the system, for having a fight with her sister. She's ten."

    When asked if the girls planned on fighting in public again, Desiree had a sensible answer.

    "Not in public, but we're still going to fight like every other sister will," she said.

    Flower Mound police are turning the case over to the Denton County District Attorney for further review.

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  8. #8
    Captain America's Avatar
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    SI VIS PACEM PARA BELLUM

    "It's a great life. You risk your skin catching killers and the juries turn them loose so they can come back and shoot at you again. If your honest , your poor your whole life. And , In the end , you wind up dying all alone on some dirty street. For what? For nothing. For a tin star."
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  9. #9
    Morris is offline Chief Wheaties Pisser
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    Oh hogwash! I don't buy the necessity of this arrest.

    We still have discretion. Novel concept: if you sense the parents will solve the problems, turn the kids over to the parents for punishment. This concept that the nanny state will act as a parents instead of a parent is galling. These boys had the discretion to turn both over to the parents and clear the call as a "settled by contact."

    What a screwed up place.

  10. #10
    TXCharlie's Avatar
    TXCharlie is offline Former & Future Reserve Officer
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    I would bet it was a rookie making the arrest, because some FTO told him there is no descretion in Family Violence matters - Takes one to know one

    I think the portion of the law that they're hanging their hat on simply states (in effect) that the victim must be protected above all else - That has been interpreted to mean a "must arrest" if the aggressor can be determined, because of the liability involved if the police just leave, and the victim winds up dead the next day.

    As far as I know, the only real "Must Arrest" in Texas is when a protective order is violated, or a magistrate orders an arrest. There may be more, but I can't think of them offhand.

    Of course, in the case of a murder or serious assault, or if the cop witnesses a crime, that would definitely fall under the heading of protecting the victim and the community, so that in effect is a "Must Arrest" on sight, as I interpret it. I've heard of cops being fired for not making arrests when they witness a petty theft for example.

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  11. #11
    pgg's Avatar
    pgg
    pgg is offline Damnit, I'm hungry again.
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    We have some "shall arrest" laws also, sounds like this may have been the case where the law didn't give the officer any discretion

  12. #12
    TXCharlie's Avatar
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    Quote Originally Posted by pgg View Post
    We have some "shall arrest" laws also, sounds like this may have been the case where the law didn't give the officer any discretion
    I donno, it sounds to me like Disordly Conduct, max, because it was pretty much mutual combat.

    Actually, if you believe the 10-year-old, she wasn't even the aggressor if she was really pushed three times before that.

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  13. #13
    tapout's Avatar
    tapout is offline keepin it gangsta'
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    in maryland anyone that lives together falls under domestic violence when an assault is committed. father-son, mother-daughter, sibling-sibling, married couple, gay couple, roommates, it doesnt matter. if an assault occurs between two people who reside in the same residence its considered a domestic abuse. now, there is absolutely no chance i would arrest and process a 10 year old for fighting with her sister. however, in this situation, if a parent or legal guardian insisted that i charge the kid, i would. and by charge, i do not mean arrest and fingerprint etc. i would simply fill out a charging document and have mom sign for the kid, effectively releasing the kid to mom without a formal arrest. and, although id charge her in that situation, its not because i think its a real assault, but because i need to cover my ass at that point. i have charged juveniles for assaulting their siblings, and their parents, but they have all been much more serious situations then the scenario described here. ive said it a million times, some times discretion and common sense should trump policy and enforcement.
    in the warriors code there's no surrender, though his body says stop, his spirit cries...NEVER. deep in our souls, a quiet ember, knows its you against you, its the paradox that drives us all. its a battle of wills, in the heat of attack, its the passion that kills, and victory is yours alone.


    the posts and opinions stated by me do not in any way reflect the values, beliefs, or views of my department. they are simply opinions and/or observations which have been developed through my personal experiences. hell, most of the stories probably arent even true...wink wink

  14. #14
    121Traffic's Avatar
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    We have a "shall arrest" DV law here in CO too, but ask any copper here if he's ever punted an absolute bullshit DV, and you'll get a "well, moving on..." type response.

    No discretion laws are a fucking joke.
    "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

    The opinions given in my posts DO NOT reflect the opinions, views, policies, and/or procedures of my employing agency. They are my personal opinions only, thereby releasing my agency of any liability, or involvement in anything posted under the username "121Traffic" on O/R.

  15. #15
    TXCharlie's Avatar
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    LOL - Just as I expected, the Denton County DA laughed the Class A Assault charge out of his office...

    So now the news media is saying that Flower Mound PD is trying to force her into a "First-Time Offender" counseling program - You know, the type of program that juvenile delinquents go to... So now Momma is getting serious and threatening to sue the town if they don't expunge all the arrest records immediately.

    THE JOKE'S OVER, GIVE IT UP GUYS!!!!

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    121Traffic's Avatar
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    Quote Originally Posted by TXCharlie View Post
    LOL - Just as I expected, the Denton County DA laughed the Class A Assault charge out of his office...

    So now the news media is saying that Flower Mound PD is trying to force her into a "First-Time Offender" counseling program - You know, the type of program that juvenile delinquents go to... So now Momma is getting serious and threatening to sue the town if they don't expunge all the arrest records immediately.

    THE JOKE'S OVER, GIVE IT UP GUYS!!!!

    Seriously. I can ALMOST make the stretch that the coppers made the arrest to CYA under the "shall arrest" mandate. BUT, they've fulfilled their responsibility under statute. So what if the DA refuses to file charges? Move on! By continuing to press the issue, they're really making asses of the PD.
    "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

    The opinions given in my posts DO NOT reflect the opinions, views, policies, and/or procedures of my employing agency. They are my personal opinions only, thereby releasing my agency of any liability, or involvement in anything posted under the username "121Traffic" on O/R.

  17. #17
    Morris is offline Chief Wheaties Pisser
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    Somewhere, in the background, a risk manager or insurance agent for the city is whispering to the chief as to what they WILL do.

  18. #18
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    If my brother and I had been fighting nastily enough for the cops to intervene, we would have both BEGGED for the officer to take us to the station and lock us up - it would have been kinder than what Mom would have done to us once we got home.
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  19. #19
    ChesCopPodz's Avatar
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    I hate zero tolerance crap. We should be able to use good old common sense. That being said, if there is a zero tolerance situation and my policies stated as much, I'm not risking my career and everything I own because I think the policy is BS. I don't know the comments in the call, witness information or anything about this, but I'd be inclined to do what the officer did. Make the arrest and let the DA sort it out.
    The world would be much cleaner if blind people carried brooms instead of sticks.

    At communion, when the priest says "Body of Christ", I say "Thanks, I've been working out", then I grab the cracker and run back to my seat

    An amateur practices until he gets it right. A professional practices until he cant get it wrong.

    They've got us surrounded? Good. Now we can fire in any direction. Those bastards won't get away this time.

  20. #20
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    It seems that somebody has forgotten the differnce of the letter of the law and the spirit of the law.
    "Sometimes people need a little help. Sometimes people need to be forgiven. And sometimes they need to go to jail."


 

 
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