This 11-Year-Old Brownsville ISD Honor Student Was Put In Solitary

[yuna628 9,680]

I can't say what the full facts are in this case, but it seems we have a very intelligent little boy that recently lost his father, a new school principle with a chip on her shoulder, and a justice system that went insane. The kid asks some questions of adults behaving badly, is accused without proof of 'terrorism', hauled off to jail for many days and put in solitary. Not sure what mom was doing to help her son that was clearly feeling troubled by the principle and sad at losing people close to him, but at least she's put him in a new school where he is happier. https://www.texasobserver.org/why-was-this-11-year-old-honor-roll-student-put-in-solitary/

 

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On September 8, school administrators told Timothy—who had irked the principal with requests for counseling and for clarification on school dress code policies—that another student alleged that he made threats against Garza. Timothy denied the allegation, but Garza called law enforcement, who detained him and placed him in solitary confinement for three days at the Darrell B. Hester Juvenile Detention Center in Brownsville.  

Cameron County prosecutors pushed for Class C felony charges of “terroristic threat” and argued for two more weeks of detention. Instead, Judge Adela Kowalski-Garza ordered a safety risk evaluation and conditional release home until his hearing November 8. 

Juvenile justice experts interviewed by the Texas Observer say the Brownsville Independent School District and police seem to have violated state laws and other rules in Timothy’s case that are intended to protect such young children from excessive law enforcement actions. These include a law that requires a school to undergo a fact-based, systemic threat assessment involving the parent to determine if there is an imminent threat warranting a referral to law enforcement and a Texas Supreme Court order that prohibits the handcuffing and shackling of young children. State law allows a minor to be placed in solitary confinement for 24 hours; staff at the detention center told Rincon her son was further isolated for COVID precautions.

“This was the choice of the school to refer to law enforcement, the choice of the law enforcement to detain the child, the choice of the prosecutor to charge him and try to trump up the charges,” said Renuka Rege, policy advisor at Texas Appleseed, a nonprofit that researches and advocates on many issues, including juvenile justice. “All of these things are failures in serving young kids.”

 

The Observer requested comment and information from Brownsville ISD Superintendent René Gutiérrez, district Police Chief Oscar Garcia, and Garza. We asked the district if officials had conducted a threat assessment, but the only response we received was from Director of Public Relations and Community Engagement Jason Moody, who wrote, “This case has been transferred to the Cameron County Juvenile Justice Department and is pending adjudication. Brownsville ISD cannot comment any further on this matter.”

In addition, the Texas Supreme Court last year issued a ruling prohibiting the handcuffing or shackling of children in juvenile court proceedings unless the child presents a substantial risk of physically harming himself or others, or of flight from the courtroom. Yet Timothy was handcuffed both at school and then again handcuffed and shackled by his ankles in court. 

“We don’t know if Timothy even made this threat. This was based on a report by a student and really nothing to back it up. We don’t know if the school did a threat assessment. We don’t know on what basis the court could have found that Timothy presented a substantial risk of physical harm or flight at the time to handcuff him,” Rege said. “It’s not clear on what basis they could have found this to be an imminent threat warranting a referral to law enforcement. Unfortunately, that’s what they did.”

 

When Timothy arrived at the detention center, Rincon said Timothy was placed in solitary confinement from Friday afternoon until his hearing Monday morning. State regulations prohibit the isolation of a minor for more than 24 hours, but Rincon was told the detention center was isolating him for COVID precautions. 

 

According to Rincon, that morning, prosecutors attempted to have Timothy charged with making a terroristic threat against a public servant, a third-degree felony, which could result in probation or possible further detention. Instead, Judge Adela Kowalski-Garza ordered a safety risk evaluation and conditional release that allows him to attend school and remain at home until his hearing on November 8. Rincon and her son are asking a court-appointed attorney to seek that any charges be dropped. The attorney assigned to represent Timothy declined to comment.

 

[Pooky 3,807]

2 hours ago, yuna628 said:

I can't say what the full facts are in this case, but it seems we have a very intelligent little boy that recently lost his father, a new school principle with a chip on her shoulder, and a justice system that went insane. The kid asks some questions of adults behaving badly, is accused without proof of 'terrorism', hauled off to jail for many days and put in solitary. Not sure what mom was doing to help her son that was clearly feeling troubled by the principle and sad at losing people close to him, but at least she's put him in a new school where he is happier. https://www.texasobserver.org/why-was-this-11-year-old-honor-roll-student-put-in-solitary/

 

 

Charges should be dropped and each party in this enforcement action, including the school, should be sued for everything they have 🤬

 

This is jackbooted tyranny at its finest.

[TBoneTX 45,524]

I read the story.  I agree 100% with Y ma'am's evaluation and with P's proposed remedy.