rd962
09-29-2004, 01:19 PM
Family: 7-year-old too young to be arrested
The Associated Press
September 29, 2004, 10:09 AM EDT
MONTICELLO -- The family of a 7-year-old who was arrested and charged with battery says a child his age is too young to be booked, fingerprinted and taken away to a juvenile justice facility.
Sheriff's officials say they didn't have a choice: There was a warrant for the 4-foot-6-inch, 60-pound boy's arrest on charges of hitting a classmate, a teacher and a principal, and scratching a school resource officer.
The boy's family went public Tuesday and a lawyer for the family is challenging the account of what happened and how the case was handled by local officials in this town just east of Tallahassee.
The mother of Johnnie Lee Morris, whose name was made public by the family and lawyer, said her child was held for several hours at the sheriff's office, where she took him Sept. 1, before he was taken to a juvenile justice facility. He is now back home on house arrest, waiting for his case to work its way into the court system.
The boy also is facing expulsion from Jefferson Elementary School where he was in second grade.
"No child should be treated the way my child has," said his mother, Erma Morris.
According to a report released by school board officials after the family went public, Johnnie had to be pulled off another student, but went after him again. When a teacher tried to break it up, he kicked and hit her before he was taken to the office, according to the school board's report.
In the office, Johnnie allegedly scratched a school police officer and drew blood, according to an affidavit by the officer.
"Because four adults were battered during this incident, formal charges were filed," the school principal said in a statement to the board.
C. Erica White, the lawyer for Johnnie and his family, said the boy has attention deficit disorder. She's questioning school officials' account of what happened, but says even if the boy did misbehave he didn't have to be arrested.
"There needs to be more scrutiny on the process and how you handle children," White said. Florida has no age limits on felony arrests, and younger children have been charged with a felony.
School officials wrote in their report that Johnnie has been violent in the past and that they fear for the safety of other students.
White said there's no record of him having been violent in the past.
Jefferson County Sheriff's Chief Deputy Mike Joyner said deputies knew the case was unusual because of the child's age and went out of their way to treat the boy carefully.
"We have to serve warrants, that's our constitutional duty," Joyner said. "We've never had one this young. I think we went above and beyond" what officers would be expected to do to protect the child.
Sheriff's officials called Mrs. Morris to have her bring the child in, rather than going to arrest him. She confirmed that she took the child to the sheriff's office.
"I don't want to send a deputy around to arrest the kid," Joyner said. He said the boy was kept away from adult prisoners while at the sheriff's office, which is in the same building as the jail, and female officers stayed with him to keep him calm while he waited to be picked up by state Department of Juvenile Justice officials. Joyner said the boy was polite and "not a problem" while at the station.
Erma Morris said he was held for seven hours at the sheriff's station and denied food. Arrest records showed he was held for about four hours, and Joyner denied he was denied food. Erma Morris also said he was shackled after being taken into custody by state juvenile justice officials.
State Juvenile Justice Spokesman Tom Denham said he couldn't comment on the case.
Johnnie's family is also fighting his expulsion. A hearing on that issue Tuesday was delayed because White asked to question people whose statements about the incident were in the report submitted to the school board.
T. Buckingham Bird, a lawyer for the Jefferson County school board, suggested that the board could move the boy to an optional program for children with behavior problems where he could get more individual instruction, but the Morrises rejected that.
"We want to work with the parents to find a solution," Bird said.
White said the Morrises wanted to decide where their child goes to school, rather than having the school board decide.
The Associated Press
September 29, 2004, 10:09 AM EDT
MONTICELLO -- The family of a 7-year-old who was arrested and charged with battery says a child his age is too young to be booked, fingerprinted and taken away to a juvenile justice facility.
Sheriff's officials say they didn't have a choice: There was a warrant for the 4-foot-6-inch, 60-pound boy's arrest on charges of hitting a classmate, a teacher and a principal, and scratching a school resource officer.
The boy's family went public Tuesday and a lawyer for the family is challenging the account of what happened and how the case was handled by local officials in this town just east of Tallahassee.
The mother of Johnnie Lee Morris, whose name was made public by the family and lawyer, said her child was held for several hours at the sheriff's office, where she took him Sept. 1, before he was taken to a juvenile justice facility. He is now back home on house arrest, waiting for his case to work its way into the court system.
The boy also is facing expulsion from Jefferson Elementary School where he was in second grade.
"No child should be treated the way my child has," said his mother, Erma Morris.
According to a report released by school board officials after the family went public, Johnnie had to be pulled off another student, but went after him again. When a teacher tried to break it up, he kicked and hit her before he was taken to the office, according to the school board's report.
In the office, Johnnie allegedly scratched a school police officer and drew blood, according to an affidavit by the officer.
"Because four adults were battered during this incident, formal charges were filed," the school principal said in a statement to the board.
C. Erica White, the lawyer for Johnnie and his family, said the boy has attention deficit disorder. She's questioning school officials' account of what happened, but says even if the boy did misbehave he didn't have to be arrested.
"There needs to be more scrutiny on the process and how you handle children," White said. Florida has no age limits on felony arrests, and younger children have been charged with a felony.
School officials wrote in their report that Johnnie has been violent in the past and that they fear for the safety of other students.
White said there's no record of him having been violent in the past.
Jefferson County Sheriff's Chief Deputy Mike Joyner said deputies knew the case was unusual because of the child's age and went out of their way to treat the boy carefully.
"We have to serve warrants, that's our constitutional duty," Joyner said. "We've never had one this young. I think we went above and beyond" what officers would be expected to do to protect the child.
Sheriff's officials called Mrs. Morris to have her bring the child in, rather than going to arrest him. She confirmed that she took the child to the sheriff's office.
"I don't want to send a deputy around to arrest the kid," Joyner said. He said the boy was kept away from adult prisoners while at the sheriff's office, which is in the same building as the jail, and female officers stayed with him to keep him calm while he waited to be picked up by state Department of Juvenile Justice officials. Joyner said the boy was polite and "not a problem" while at the station.
Erma Morris said he was held for seven hours at the sheriff's station and denied food. Arrest records showed he was held for about four hours, and Joyner denied he was denied food. Erma Morris also said he was shackled after being taken into custody by state juvenile justice officials.
State Juvenile Justice Spokesman Tom Denham said he couldn't comment on the case.
Johnnie's family is also fighting his expulsion. A hearing on that issue Tuesday was delayed because White asked to question people whose statements about the incident were in the report submitted to the school board.
T. Buckingham Bird, a lawyer for the Jefferson County school board, suggested that the board could move the boy to an optional program for children with behavior problems where he could get more individual instruction, but the Morrises rejected that.
"We want to work with the parents to find a solution," Bird said.
White said the Morrises wanted to decide where their child goes to school, rather than having the school board decide.