Santa's putting him on the "bad" list ...
Posted on 11/30/2011 9:29:57 AM PST by Notary Sojac
STOCKTON, Calif. (KCRA) -- Earlier this year, a Stockton student was handcuffed with zip ties on his hands and feet, forced to go to the hospital for a psychiatric evaluation and was charged with battery on a police officer. That student was 5 years old.
Michael Davis is diagnosed with Attention Deficit Hyperactivity Disorder or ADHD. His mother says it has led to fights at school. But when the school district said it had a plan to change Michael's behavior, his mother says things went wrong.
"Michael is energetic," Thelma Gray said. "He is one big ball of energy."
Gray calls Michael a comedian. She says his biggest problem is his ADHD stops him from thinking before he acts or speaks.
"He's very loving," Gray said. "He's a good kid and he's not the discipline problem that he was made out to be."
Those discipline problems include fights with other students, even throwing a chair.
Gray says the school, Rio Calaveras Elementary of Stockton, wanted to change that behavior by having Michael meet with a school police officer.
"He could come out and talk to Michael and the kids are normally scared straight," said Gray, describing how she says the school district proposed the meeting.
But the meeting didn't go as planned.
Gray says Michael was agitated when the officer entered the room, and the whole meeting ended with Michael arrested and cuffed, with zip ties on his hands and his feet.
"I was led to believe that Michael saw a police officer and attacked a police officer on sight," said Gray, adding that that's not what happened.
She knows because she ultimately obtained a copy of the police report.
In it, the officer, Lt. Frank Gordo, says he placed his hand on Michael's and, "the boy pushed my hand away in a batting motion, pushed papers off the table, and kicked me in the right knee."
When Michael wouldn't calm down, Gordo cuffed Michael's hands and feet with zip ties and took the boy to the Stockton Kaiser Psychiatric Hospital in the back of a squad car.
He had not called Michael's mother or father at that point.
Michael was cited for battery on a police officer.
"I didn't know until two or three weeks later that my son was zip tied," Gray said.
Her ex-husband had picked Michael up from the hospital. When he arrived, Michael's wrists were still zip tied behind his back.
KCRA 3 asked Rio Calaveras Elementary, the Stockton Unified School District and the Stockton Unified School District Police on multiple occasions to comment on what happened during Michael's meeting with the officer.
Both the police chief and the school district said they could not comment.
The district said it could not comment because of privacy laws regarding students and because the San Joaquin County Grand Jury and the U.S. Department of Education’s Office for Civil Rights were investigating.
Also, neither the district nor the Stockton School Police would comment on what procedures were in place to handle children with behavioral problems.
"Some of that's really abstract," said UC Davis Professor of Education Shannon Cannon, speaking on how young children react. "We need to try to make it a little bit more concrete," she said, adding that young children are often more physical than vocal.
When KCRA 3 interviewed Cannon, her students were learning about dealing with problem behavior in the classroom. Cannon says she has seen children as young as 7 years old act out physically and they can get violent, even dangerous to others around them -- but adds that it is important to have a behavioral plan in place as soon as the child is diagnosed.
She says children as young as 5 years old may not be able to tell an adult what is bothering them.
"I have been around young children that, when they can't express themselves, and don't feel they're being heard," says Cannon, adding that "they really need to make a loud statement in some way and it's often a very physical statement."
KCRA 3 obtained a copy of the U.S. Department of Education's report on Michael's arrest.
The report states that the Stockton Unified School District "delayed an evaluation of the student {Michael} which denied the student a fair and public education."
They added that the school didn't offer behavioral services to Michael or his mother, because "it would cost the district money."
The report goes on to say that, whether or not funds are available through state or federal grants, the school district had an obligation to have Michael evaluated, which it failed to do.
As for Michael's mother, Gray said she doesn't want an apology from the district, she simply wants the school district to help her get Michael the education he's entitled.
"I've been asking," Gray said. "I've been begging for any assistance for Michael to get placed appropriately and this is what they chose to do."
A juvenile court judge eventually dismissed the battery charges against Michael.
After all, Osama probably got his start by throwing a chair. Hitler, too.
Too often (but not always) ADHD is just a term used to describe a kid who has never been told “no” by his parents.
Oh, I quite agree. I just don’t see the events of this article as being appropriate, regardless of the kid’s diagnosis or lack of same.
Mom needs to homeschool.
Kid’s not ready to leave the nest.
Begging school for help? Hmm.
I would tend to agree but given the circumstances and the fact the kid wasn't hurt, I can't really get too worked up about it.
when this happens to a kid praying in his kindergarden class, I suppose people will begin to understand the police nazi state we're becoming...
Watch it Mr Policeman they will come after you with a law suit..
This whole problem is caused by the belief that education is a right to be provided by the nanny state rather than a responsibility of the parent.
Free public education should be an opportunity to be earned and deserved by proper behavior and hard work.
A lot of monkey poo being thrown around the public school zoo would come to halt as a result.
If I would have done this at 5 years old I would have been left at the police station to "teach me a lesson", then would have been "reprimanded" at home.
A lot of parents today have NO control over their children, which is why I hate going into public places.
Unruly children get the "evil eye" from me, which causes them to run away. Haven't had a parent get in my face yet....Lord help them if one does.
Let me know if some kid ever starts kicking and hitting a cop while praying in kindergarden class and I will revisit the situation. Until then, I still can't get too worked up over it.
And rightly so!
The police should have not met with the child without either a parent or child advocate present as well. The parents should have been informed in advance of such a meeting.
Was the child arrested? Was he read his Miranda Rights?
If so, how does a 5 year old “understand” his rights? One doesa not have that level of comprehension at that age. Typically the chid will feel intimidated by the officer in to agreeing.
Apparently children can be denied the education they are ‘entitled’ to for not having all the shots the government says they should have..but not for throwing chairs and attacking adults.
I heard a clip of the mother on the news in Austin yesterday. She is one of “Holder’s people”. Later during the broadcast, another one of “Holder’s people” came on and said that there are a segment in public education who are not interested in teaching black students.
What would you have had the officer do? At what age should children not be allowed to kick cops? You try kicking a cop and see what happens.
My daughter in law helicopters my grandson to the point of absurdity. He is the terror of the family - if she is around. ;-)
I’ve seen plenty of five year olds that definitely should be put in handcuffs.
Handcuffing a 5 year old?
That’s outrageous!
Shoulda tazed the little bastid. Yes Sir.
Exactly. You and I may take heat for this but I am dubious about all these ADHD diagnoses. A great many of these children are friggin' brats who have never had limits placed on them to control their behavior. All this 'gentle' parenting where the kid can do no wrong, is always told how wonderful they are and have never heard the word "No!" from their parents are being taught exactly how to be brats.
It's not ADHD and I ain't buyin' it. BTW, yes I have raised kids. They were given firm limits, were taught the value of a buck and the rewards of a hard day's work. They have been allowed to fail and now know the sweet smell of success. They are grown and getting ready to graduate college.
Some parents are in denial. My cousin has boy like this. It was always the schools fault. After years and several schools because the schools got fed up, she wound up having to home school. Course being computerized she can do the work for him.
Oh and his last stunt was to hit his older brother in the head with the butt of a rifle in the living room. Can’t blame the schools for that one! Did I mention that he is a spoiled brat that when he doesn’t get his way, starts throwing things and destroying whatever he can.
His mother likes to blame the schools for not getting him help. I guess she never heard of getting a doctor herself!
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