Posted on 08/07/2005 9:58:33 PM PDT by lunarbicep
A 15-year-old boy who pinched and twisted the nipples of a 13-year-old has been sentenced to three days of community service for harassment.
David Thumler, 15, said the "titty-twister" was just horseplay. The mother of 13-year-old Matthew Cox counters that the incident was humiliating for her son, who saw it as an assault from an older, bigger bully.
"They're not friends," she said. "If he was my son's friend, it would be a different thing," said Bobby Cox.
In addition to the community service, Thumler has been ordered to pay a $67 fine and the misdemeanor has been placed on his permanent record. He can request to have it removed when he turns 18.
Ken Chapman, a Jackson County juvenile probation supervisor, said Oregon law defines physical harassment as "offensive physical touching."
That includes such adolescent antics as "wet-willies," "wedgies," "swirlies," "noogies" and all other forms of "Three Stooges" behavior, Chapman said.
According to David, the two boys were in line at a local deli when Matthew jokingly made an embarrassing remark to the female clerk about David. In retaliation, David counterattacked with the "titty-twister," the 15-year-old said.
"It's a thing of camaraderie," David said. "If he's going to assume our friendship is on that level, then so am I."
A lawyer hired by the 15-year-old's family called the juvenile court's actions "Orwellian."
"They call this 'baby assault,'" said Michael Kellington, a criminal defense attorney in Medford, hired by the family.
Even Bobby Cox said she was surprised to hear that her husbands' call to Gold Hill police resulted in court time for the boy. "Nobody informed me it would be a full-blown trial," she said.
According to Kellington, the incident was blown out of proportion in part because David's mother refused to let him show up for an initial hearing in juvenile court. Christine Alford, David's mother, said she did not let her son attend the hearing because she had seen photos of teenagers in handcuffs on the county's Web site.
Kellington said that Alford's refusal to let David go upped the ante and brought down "unfair, Draconian measures" upon her son. What should have been a discussion between first-time-offender and a representative of the juvenile justice system became a court trial.
"The mom is understandably fearful," said Kellington. "You shouldn't retaliate for the decision of a parent upon the child."
Chapman, the juvenile probation supervisor, said the mother should have known better.
"'Hearing' doesn't mean 'taking into custody,'" he said. "When we take someone into custody, we don't make appointments. If there's a consequence for not coming in informally, well, that's one they chose."
A good sharp kick in the ankles sounds like it would be in order. A slap? That's sissy.
That made me laugh out loud! Ah, there aren't enough pineapples on strings in movies anymore.
Very true! Also, the Stooges (and liking or hating thereof) is one of the most reliable gender signifiers known to science.
In my day and place, they were called "snake burns." If one was an Indian giver, one might get snake-burned in return.
Teenagers ought to be able to resolve these types of issues without parental interference. No wonder there seems to be more and more 29 year old children still living at home with mommy and daddy.
You were never smaller than everyone else or a geek, were you? Picked on daily? Dreading going to school every day? I mean, yes it helped form my character, but I could have done without it. And I think it is up to the authorities to get bullies early.
Gee, to think I could have had Garry Graham thrown in the slammer.
He never twisted anything... he just beat the crap out of me periodically.
On second thought, no, I couldn't have. That was the early to mid-sixties. Society was a bit saner then.
Dan
$33.50 per nipple sounds a little extreme for me.
LOL!
If they arrested all of us and charged us with assault as kids who pulled three stoges moves on each other, well, we would have been an entire generation of crimminals.
Yes I certainly was. I have scars on my nose and betweeen my eyes from an accident when I was a baby. They aren't so bad now, but when I was younger they were bad, I was also a runt. I got severly picked on up until 8th grade until I grew up and got athletic. When moving on to HS I still had the scars and the kids were bigger than me. Smae story all over. I faught back and earned respect. I also spent many evening crying because of the torture I was put through. I said in my first post that I was speaking from experience, and I am.
I AM SURE THAT YOU DON'T EXPECT TO HAVE TO BACK UP YOUR WORDS HERE, BUT WHEN DID I PUBLICLY SAY I WAS A TROUBLE MAKER?
I REALLY CAN'T APOLOGIZE THAT I CAN MAKE THINGS HAPPEN, LIKE TAKING 2 DIRTY COPS OFF THE STREET, PERMANENTLY, OR SAVING THE TAXPAYERS OVER $250,OOO JUST IN OVER WATER CHARGES. IF THE COST OF DOING THAT IS TO BECOME THE 'LAUGHING STOCK' TO THE ILL-INFORMED, LIKE YOURSELF, SO BE IT, EVER WONDER WHY YOU END UP WITH DICKLESS REPRESENTING YOU IN EVERY ASPECT OF GOVERNMENT? LOOK AT YOUR DONKEY FACE IN THE MIRROR FOR THE ANSWER.
THERE WAS NO PRELIMINARY HEARING THAT WAS MISSED. SO YOU JUST MADE THAT UP.
DAVID WAS BAR MITZVAH AT 13 AND MAKES HIS OWN DECISIONS. HE WANTED HIS NAME CLEARED.
THE EVENT WAS ORIGNALLY SENT FROM THE GHPD TO JUVENILE AS A NON CRIMINAL INCIDENT. IT ESCALATED WITHIN THE PROBATION DEPARTMENT TO A CRIME BECAUSE DAVID DECLIEND TO GO IN FOR A VOLUNTARY EXAMINATION AND OPTED TO TRY AND CLEAR HIS NAME BEFORE A JUDGE. HE HAD WORKED ALL SUMMER CHIPPING PAINT TO PAY THE $700 ATTORNEY BILL. AMONGST OTHER THINGS TODAY WE LEARNED THAT THE COX BOY ROUTINELY PUNCHES NEIGHBOR KIDS SMALLER THAN HIM IN THE CROTCH. NO SURPRISE. THE FATHER HAS FILED NUMEROUS CHARGES AGAINST DOZENS OF NEIGHBORS MOSTLY OVER HIS BOY WHO HE HAS REALLY MADE INTO A FREAK. DAVID WAS CAUGHT OFF GUARD TREATING THE BOY THE SAME WAY THAT NORMAL BOYS TREAT EACH OTHER. THE BOY IS A LIAR AND WAS CAUGHT LYING ON THE WITNESS STAND SAYING THAT HE WAS ALSO PUNCHED IN THE STOMACH, HAD HIS CAR VANDALIZED AND OTHER WILD ACCUSATIONS, HIS TESTIMONY IS THE BASIS OF A COMPLAINT GOING BEFORE THE BAR AGAINST MIK SMITH, DISTRICT ATTORNEY. SMITH HIMSELF DID NOT BELIEVE HIS OWN WITNESS IN THE END.
DAVID HIMSELF IS ABOUT AS FAR AWAY FROM A BULLY AS YOU COULD IMAGINE. IN 4TH AND 5TH GRADE HE VOLUNTEERED HIS TIME TO TRAIN AS A TUTOR FOR SLOWER KIDS AND THEN VOLUNTEERED TO OVER TWO YEARS DOING THE SAME. HE IS VERY HIGHLY REGARDED AMONGST BOTH TEACHERS AND KIDS AS FAIR AND HONEST. YES, HE DOES PLACE A VALUE ON HIS NAME AND REPUTAION AND THEREFORE THOUGHT IT WAS WORTH TRYING TO DEFEND, AND I SUPPORT HIM ALL THE WAY.
APPLEGATE RANCH, TEACH YOUR OWN KIDS TO GROVEL AND TUCK THEIR TAILS BETWEEN THEIR LEGS, I'LL TEACH MY KIDS NOT TO BE COWARDS OR TO HESITATE TO DO WHAT IS RIGHT SIMPLY BECAUSE OF THE PREDICTABLE CENSURE OF THE WITLESS P-NUT GALLERY.
A lawyer hired by the 15-year-old's family called the juvenile court's actions "Orwellian."..........oh, a WISEGUY!!!
To: ApplegateRanch
I AM SURE THAT YOU DON'T EXPECT TO HAVE TO BACK UP YOUR WORDS HERE, BUT WHEN DID I PUBLICLY SAY I WAS A TROUBLE MAKER?
I REALLY CAN'T APOLOGIZE THAT I CAN MAKE THINGS HAPPEN, LIKE TAKING 2 DIRTY COPS OFF THE STREET, PERMANENTLY, OR SAVING THE TAXPAYERS OVER $250,OOO JUST IN OVER WATER CHARGES. IF THE COST OF DOING THAT IS TO BECOME THE 'LAUGHING STOCK' TO THE ILL-INFORMED, LIKE YOURSELF, SO BE IT, EVER WONDER WHY YOU END UP WITH DICKLESS REPRESENTING YOU IN EVERY ASPECT OF GOVERNMENT? LOOK AT YOUR DONKEY FACE IN THE MIRROR FOR THE ANSWER.
THERE WAS NO PRELIMINARY HEARING THAT WAS MISSED. SO YOU JUST MADE THAT UP.
DAVID WAS BAR MITZVAH AT 13 AND MAKES HIS OWN DECISIONS. HE WANTED HIS NAME CLEARED.
THE EVENT WAS ORIGNALLY SENT FROM THE GHPD TO JUVENILE AS A NON CRIMINAL INCIDENT. IT ESCALATED WITHIN THE PROBATION DEPARTMENT TO A CRIME BECAUSE DAVID DECLIEND TO GO IN FOR A VOLUNTARY EXAMINATION AND OPTED TO TRY AND CLEAR HIS NAME BEFORE A JUDGE. HE HAD WORKED ALL SUMMER CHIPPING PAINT TO PAY THE $700 ATTORNEY BILL. AMONGST OTHER THINGS TODAY WE LEARNED THAT THE COX BOY ROUTINELY PUNCHES NEIGHBOR KIDS SMALLER THAN HIM IN THE CROTCH. NO SURPRISE. THE FATHER HAS FILED NUMEROUS CHARGES AGAINST DOZENS OF NEIGHBORS MOSTLY OVER HIS BOY WHO HE HAS REALLY MADE INTO A FREAK. DAVID WAS CAUGHT OFF GUARD TREATING THE BOY THE SAME WAY THAT NORMAL BOYS TREAT EACH OTHER. THE BOY IS A LIAR AND WAS CAUGHT LYING ON THE WITNESS STAND SAYING THAT HE WAS ALSO PUNCHED IN THE STOMACH, HAD HIS CAR VANDALIZED AND OTHER WILD ACCUSATIONS, HIS TESTIMONY IS THE BASIS OF A COMPLAINT GOING BEFORE THE BAR AGAINST MIK SMITH, DISTRICT ATTORNEY. SMITH HIMSELF DID NOT BELIEVE HIS OWN WITNESS IN THE END.
DAVID HIMSELF IS ABOUT AS FAR AWAY FROM A BULLY AS YOU COULD IMAGINE. IN 4TH AND 5TH GRADE HE VOLUNTEERED HIS TIME TO TRAIN AS A TUTOR FOR SLOWER KIDS AND THEN VOLUNTEERED TO OVER TWO YEARS DOING THE SAME. HE IS VERY HIGHLY REGARDED AMONGST BOTH TEACHERS AND KIDS AS FAIR AND HONEST. YES, HE DOES PLACE A VALUE ON HIS NAME AND REPUTAION AND THEREFORE THOUGHT IT WAS WORTH TRYING TO DEFEND, AND I SUPPORT HIM ALL THE WAY.
APPLEGATE RANCH, TEACH YOUR OWN KIDS TO GROVEL AND TUCK THEIR TAILS BETWEEN THEIR LEGS, I'LL TEACH MY KIDS NOT TO BE COWARDS OR TO HESITATE TO DO WHAT IS RIGHT SIMPLY BECAUSE OF THE PREDICTABLE CENSURE OF THE WITLESS P-NUT GALLERY.
54 posted on 08/10/2005 11:08:27 PM PDT by Christine Alford (CHRISTINE ALFORD)
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Why does the remark Orwelllian, make the lawyer a "wise guy"? It doesn't even compete with this one "We tried to calm him down with pepper spray" quoted from one of the Park rangers after they capped the guy at Crater Lake.
My name is David Thumler, if any one would like to ask me anything that isn't clear as to this ridiculous conviction, post here and I will reply whenever I can.
"Wiseguy" is a thing Curly used to say once in a while. hey, what's with the caps in the above posts?
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