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An 11-year-old boy who displayed public urination received a probation agreement, however, his mother refused to sign it.
Instead, she is requesting that the Mississippi judge dismiss the charges, according to the family’s attorney, Carlos Moore. Initially, the mother of the 11-year-old was planning on signing the agreement, to not receive additional charges by prosecutors. However, after reading the full agreement, she changed her mind.
The incident occurred on August 10, when the child urinated behind his mother’s vehicle. At this time, he could not hold it any longer while waiting for his mother to finish visiting a lawyer’s office in Senatabia, Mississippi.
Tate County Youth Court Judge Rusty Harlow had ordered the child to serve three months probation and write a two-page book report on former NBA legend, Kobe Bryant.
Attorney Moore stated, “We cannot in good conscience accept a probation agreement that treated a 10-year old as a criminal. The terms proposed are not in the best interest of our client, and we will take all necessary steps to challenge them.”
According to the terms, the 11-year-old would have an 8:00 p.m. curfew, put in place during the Christmas holiday. The conditions regarding her son’s probation were similar to requirements for an adult, such as sections prohibiting use of weapons and requiring the submission of drug tests at a probation officer’s discretion.
“It’s just a regular probation. I thought it was something informed for a juvenile. But it’s the same terms an adult criminal would have,” Moore said.
Child Punished for Public Urination
The incident occurred on August 10, when the child urinated behind his mother’s vehicle. At this time, he was by himself and could not hold it any longer, as his mother was visiting a lawyer’s office in Senataboia, Mississippi.
Officials caught the child displaying public urination, so they arrested the young boy and took him to the police station. Officers put the child in a jail cell.
Senatabia Police Chief Richard Chandler claims the officers violated policy on how to deal with children. According to Chandler, one officer who assisted in the arrest was no longer with the police department, while the others would face disciplinary actions.
Prosecutors Threaten the Boy’s Family
According to their attorney, the prosecution threatened to further the charge of “child in need of supervision” to a more advanced charge of disorderly conduct, if the family decides to take the case to trial.
After learning this new information, Moore strongly recommended the boy’s mother not sign the probation agreement. Moore requested a motion to dismiss the case or take it to trial. A hearing for the motion has been granted and is scheduled for January 16.
Many individuals believe the charges exemplify the racism within the criminal justice system. Marie Ndiaye, deputy director of the Justice Project at the Advancement Project, believes that “sentencing anyone, let alone a young child, to probation under these facts is sure to add to the trauma and denigration this child has suffered since their arrest.”
“This is all the more proof that we need to severely limit police interactions with civilians, from petty retail theft to traffic stops and even so-called ‘quality of life’ offenses. For Black people in America, it is a matter of life and death,” she said.