Bravo Sierra! Since when does the DA not have the discretion to charge or not to charge?
Sorry for the confusion. The apology wasn’t for the charges but for the sentencing. She agreed that, according to all the intervies, psychologists, etc, he shouldn’t be placed on the SO registry but rather that because one of the kids present wasn’t yet 12, there was no choice but to sentence him to it.
There are 3 things that would require someone to register - the likelihood that he would reoffend, victim under the age of 12, or another one (honestly, I can’t remember what that one was, I was pretty upset at that point knowing how things were going to go). He didn’t meet the other 2 but one of the kids wasn’t quite 12 at the time. There were about a half dozen neighboor kids there that night, playing video games, goofing around. They kept telling the girl to quit and she wouldn’t so he thought he would ‘gross her out’ (his words) and she’d stop, so he did it back to her. It was only the age of the one kid - just a few months shy of a 12th b’day - that did it. Prosecution agreed with our lawyer that he shouldn’t be registered but the law requires it because of the age.