Spitball Felon, 13, Avoids 8-Year Jail Sentence

Reuters ^ | 6-7-2002

[Cagey]

WALNUT CREEK (Reuters) - A 13-year-old California boy who was facing a possible eight years in juvenile prison for a spitball attack on a fellow student was given a much lighter sentence on Thursday -- although he will still log some time behind bars.

Jeffrey Figueroa, who made national headlines after he was convicted of two felonies for injuring a 14-year-old boy with the speedy spitball, was ordered to spend a spend a total of one week in juvenile detention -- logged on weekends -- in a case that his lawyer said showed prosecutors intent on "criminalizing childhood behavior."

"These kids aren't going to get into any trouble. We're going to keep them in the house," Jeffrey's father, Steve Figueroa, told reporters after the hearing, which also saw Jeffrey's 14-year-old brother given a slightly lesser sentence for egging Jeffrey on in the spitball incident.

In addition to their time in juvenile detention, both boys were ordered to attend anger management classes, told to obey a 7 p.m. curfew as part of home probation and instructed to undergo counseling.

They will both also be required to perform up to 150 hours of community service at a local eye bank.

Figueroa admitted that he shot the spitball -- a gum wrapper moistened with saliva -- on the first day of school last September at a middle school in the San Francisco suburb of Walnut Creek, California.

While Figueroa said he was not aiming at anybody in particular, the spitball hit a 14-year-old boy in the right eye, requiring a trip to the hospital and surgery.

Last month Contra Costa County Superior Court Judge Araceli Ramirez found Jeffrey guilty of battery causing serious bodily injury and mayhem, both felonies. His brother was found guilty on a lesser charge.

Numerous neighbors testified at Thursday's sentencing hearing, saying the boys frequently ran wild in the neighborhood and at times appeared threatening.

Ramirez, while declining to throw the book at the boys, did have sharp words for both the young men and their parents, saying they had been "in denial" about their sons' behavior.

Figueroa's lawyer, Caren Johnson, criticized Contra Costa County District Attorney Robert Burke as overreacting to the case, saying prosecutors were intent on "criminalizing childhood behavior."

"I've got little boys. They've got swords, they whack each other with swords. What if they whack a neighbor kid with a sword. Is Burke going to charge my little 5-year-old with battery?" she said.

But the principal investigator for the district attorney's office testified that both boys were frequently out of control and needed to be taught a lesson.

"Normal boy activity is responsible and does responsible things," said investigator Mark Ernst.

"Occasionally they may do something that they shouldn't do, but they generally respect authority, respect adult figures and correct their behavior."

Burke, speaking after the sentencing, said he was fairly satisfied with the sentence but that Jeffrey Figueroa's spitball victim was still being treated for damage to his eye.

"I couldn't replace that young man's eye, and that's what we'd all like to have happen. So I guess you never feel like you've done everything you could do," Burke said.

[joesnuffy]

I hope they dont plan on going back 40 years to prosecute all boys...my whole freeking grade school will be in prison...

[Cagey]

Hahahaha. I'm getting rid of all the evidence including rubber bands and paper clips. Man, those flying paper clips could leave a nice welt.

[goodnesswins]

Ooops, my husband taught our grandson how to make spitballs and propel them through a straw when he was about 3 years old....

[The Great RJ]

Too bad the kid wasn't a "special needs" student with a "behavior disability". In that case he could have gotten by with bringing a bomb to school and threatening other students. School officials in that case would be powerless to do anything because of his "handicap".

When I lived in Des Moines, a 6th grader brought 3 actual pipe bombs to school and caused the building to be evacuated while the bomb squad removed the bombs. The school Board spent a week of collective hand wringing debating wheteher they could expell the kid because he had been in a "special needs" program for his behavioral disability.

[Hat-Trick]

"These kids aren't going to get into any trouble. We're going to keep them in the house," Jeffrey's father, Steve Figueroa, told reporters after the hearing, which also saw Jeffrey's 14-year-old brother given a slightly lesser sentence for egging Jeffrey on in the spitball incident.

Whaaaaaaat??? A slightly lesser sentence for "egging Jeffrey on"??? Conspiracy to shoot a spitball? Wow. And it's legal to kill babies in this country, but don't even think about shooting a spitball.

Bic pens and plastic straws should be banned!

Someone please tell me...when does the statute of limitations on spitballing run out? I may need to go into hiding for a few years.

Hat-Trick

[Wolfie]

I hope they dont plan on going back 40 years to prosecute all boys...

With the recent advances in DNA testing, we're all doomed.

[wbill]

Guess Mom was right. It's all fun and games until someone loses an eye.

(it needed to be said...)

[LiteKeeper]

This has gone too far. The PC/Zero Tolerance crowd has got to be stopped. Kids can't be kids, guys can't be guys, gals can't be gals (I know, that isn't PC either - tough). Parents of America, rise up. Take back control of our schools...and return sanity to school administration. And, BTW, tell the ACLU to kiss off

OK - got that out of my system (sorta) - what are we going to do about this idiocy?

[zarf]

"Normal boy activity is responsible and does responsible things," said investigator Mark Ernst. "Occasionally they may do something that they shouldn't do, but they generally respect authority, respect adult figures and correct their behavior."

What society is this clown living in?

We expose our kids to MTV and glorify hooldum like behavior on the screen, then this clown comes along and expects kids to be saints? NO WONDER YOUNG BOYS ARE SCREWED UP!!!!

[LibertyGirl77]

The school Board spent a week of collective hand wringing debating wheteher they could expell the kid because he had been in a "special needs" program for his behavioral disability.

So....did they expel him or not?

[Cicero]

Probably he did deserve some punishment, if he aimed it at the kid's face, and if he is a bully as the article suggests. But it seems disproportionate to punish him more severely than professional muggers, thieves, and other urban criminals, who often receive suspended sentences for multiple offenses.

[Jack Black]

Agreed. This did not diserve a felony conviction. This boy will never be able to vote, be a lawyer, go shooting, get a variety of professional licenses. That's way too harsh.

[meisterbrewer]

It's amazing how the initial information that came out on this case has vanished. Perhaps those of you who think this sentence is too harsh might reconsider if you knew all the details.

Here is what I read about this case on the day it surfaced. These two punks were wearing gang colors and intimidating kids in the hallway who didn't show them the proper amount of "respect." When the victim in this case didn't acknowledge their "song" and that the Lakers, I believe it was, were the best NBA team, this individual deliberately shot the kid in the eye with what is now being called a spitwad. What it was, in fact, was a foil wrapper off a piece of gum, very tightly compacted and intended to do harm.

There was some discussion also that these kids continued to taunt the victim after he was shot and high-fived each other.

Sorry, I have no sympathy for either of them. In fact, I think they got off light, considering they intentionally harmed another person who will now have vision problems for the rest of his life.

[robertpaulsen]

From the original article:

"The "dart" went through the boy's cornea and ripped the lens of his eye in two, attorney Michael Sterrett said. A time delay caused by infection from the spat paper led to the growth of scar tissue before a replacement lens could be implanted."

I wonder why Reuters neglected to mention the extent of the injuries?

[Maceman]

Kids can't be kids, guys can't be guys, gals can't be gals

But guys can be gals, and vice versa.

[caa26]

Don't be surprised when your husband is charged as an accessory to a spitballing. LOL

[Poohbah]

While Figueroa said he was not aiming at anybody in particular, the spitball hit a 14-year-old boy in the right eye, requiring a trip to the hospital and surgery.

Man, that's one HELL of a spitball. The surgery MIGHT explain the prospective 8-year sentence...

[mad puppy]

OK, just to stir up hate and discontent, look at it from the other perspective. Sure this is nutty, but what if you are the parents of that kid who nearly lost an eye? What if these two boys really are out of control, wild, threatening, dis-respectful etc? We all know that type of kid. We see them in the store screaming at mom because they want a snickers bar and want to smack'em. There is a kid on my sons baseball team EXACTLY like that. Drives everyone crazy AND is dangerous. Swings his stupid baseball bat every where with out looking and his parents are absolutely clueless! "Oh, no, we don't spank little Billy." When I or the other coachs try to correct this kid on anything, he is rude and just blows us off.

Obviously a spit ball foul is not 'go to jail' criminal, but gez, these kids are going to be in prison in 20 years IF all that is said about them is true AND the parents can't get them turned around.

Anyway, food for thought from a father of 5 (who shoots the end of the straw wrappers at this kids in resturants)

[Poohbah]

This article doesn't mention that the victim's cornea was ripped apart, and that the attack was a deliberate maiming for not showing enough "respect" to a couple of junior gang-bangers.