Question regarding police investigations

[momof3kiddos]

What is the name of your state? TEXAS

A child that I advocate for (male, 8th grade) who has disabilities, has been accused of making threats at school. These threats were reported to the campus police officer by a few students and their parents. The officer did his "investigation" and then turned it over to the investigator who did his "investigation." The "suspect" in the scenario was never questioned by anyone at all during the investigation. The reports were then sent on to juvenile services and then to the prosecuting attorney to review and to decide if formal charges will be brought forth.

My question is: is this usually how an investigation is performed? I need to understand how a prosecuting attorney can review a police report that is totally one-sided, I believe it's called an 'ex parte' investigation, and then decide if charges will be filed?

Also, are the accused child's parents entitled to see the actual statements that were made by the students against their child? (of course with the names blacked out)

Any help in explaining this procedure to me would be greatly appreciated.

 

[stephenk]

so did the kid make the threats?

 

[Crazyhorse]

In a prior life... I had a case on my desk that involved a mentally disabled adult who made anthrax threats in an AOL chat room.

The report describing the FBI raid on his house proved most amusing. He pled NC and ended up on probation due to his disability. I assume you are somehow associated with a Regional Center? If so I would suggest heading down to the PD and doing some "advocacy"... ask to speak with the watch supervisor and explain your concerns.

The PD does not want to look like they're picking on retarded kids.

 

[momof3kiddos]

The kid made comments to these kids to get them to leave him alone and stop harassing him, but they were not direct threats to them. These kids took what he said and turned them into ridiculous things such as "he said he was going to cast a spell on us!" As if that is an actionable threat anyway.

My question in all of this is: Was this a proper investigation and are they usually handled this way, or do they usually interview the "suspect" also before turning it over to the DA? Thanks!

BTW, he is not mentally retarded. He has ADHD and OCD.

 

[dequeendistress]

What about the parents, which you alluded made statements to the Police in your earlier post?

have criminal charges actually been filed?

 

[momof3kiddos]

From the way I understand it, the school told the kids to go home and tell their parents about the so-called threats. The parents came to the school, and along with their kids, made reports to the campus police officer. In the officer's report, he makes many subjective comments about the "suspect" and his parents, whom he doesn't even know. He says if the report were to fall into the hands of the parents, he thinks they would try to contact and influence the victims' families. Stuff like that.

No, at this point, charges have not been filed by the DA. But, if they are, how can they base their decision to do this on a one-sided investigation? Thanks!

 

[dequeendistress]

Who is the "he" to which you refer?

 

[momof3kiddos]

Sorry that wasn't very clear. "He" is the campus police officer.

 

[dequeendistress]

In lieu of the horrific murders and other actions at various schools, nationwide...all threats are taken quite seriously.

If the child did in fact make threats to another student(s), faculty and or grounds of the school...you will find the consequence maybe severe, and rightfully so.

It appears that there may be an ongoing investigation, therefore all your questions cannot be answered in lieu of such....(ie questioning...the child--parent will have the opportunity to bring his defense if charged)

 

[momof3kiddos]

Thank you. I totally agree about the no-tolerance policies regarding threats and I really don't want to comment on my opinion one way or the other regarding this child and what he may or may not have done. The way it all came down points to these kids getting together and making it all up to get back at him. Anyway, thanks for your time in responding to me and I will let the parents know that this must be proper procedure, even though it doesn't seem right. Thanks again.

 

[momof3kiddos]

I just have to add this so that you can get a fuller picture. The threats are being classified as terroristic threats - which is supposed to put a person in IMMINENT danger for their safety. These threats were supposedly made three weeks prior to anyone saying anything at all about them to a parent, teacher, or the police. I don't think that falls into the category of terroristic threat because of the word "imminent." Right?

 

[dequeendistress]

Not necessarily.


The best thing may be to wait to see if criminal charges are pressed or to take the proactive approach and the custodian of the child make an inquiry to the prosecuters office or the Police Department Investigator.

There really is no other way to classify these types of threats other than terroristic...there is no statute which reads...idle threat or futuristic threat.

 

[momof3kiddos]

Thank you very much for your reply. I agree about taking the proactive approach. I think the parents need to contact the DA's office and talk to them about what's going on. It seems to be out of the hands of the PD. It also states in the report that was sent to the DA that the disposition of the case was: case closed with juvenile arrest. The boy was never arrested. Just my opinion, if there's no other way to classify a threat, then they need to take the work 'imminent' out of the legal definition of terroristic threat because that seems to really narrow what would qualify as one. Anyway, I really appreciate you talking with me about this and giving me some insight on the situation.

 

[momof3kiddos]

Update

Well, the boy has been formally charged with 4 counts of terroristic threats. He and his family have to go to juvenile court next week for an adjudication/disposition hearing. Isn't that skipping the step of a 'plea' hearing? This all seems so backwards and not right. When will the child be questioned to find out what his side of the story is? I'm having a hard time understanding juvenile law I guess!

 

[dequeendistress]

Definition:
Adjudication Hearing – a fact-finding hearing which determines whether or not a youth engaged in delinquent conduct or in conduct indicating a need for supervision.

Disposition Hearing – a court hearing held subsequent to the adjudication hearing only if the youth is in need of rehabilitation or the protection of the public requires that disposition be made.

By the way WHERE are the parents, since you have proclaimed you're "advocating" for this child.