February 17, 2006

Absurd Charges From Playground Game

HereÂ’s another case where a judge ought to dismiss the charges and sanction the prosecutor.

What started as a version of the schoolyard game of dodge ball has apparently become a legal ordeal for a 12-year-old girl and her family.

Complaints by the parents of a student injured during a game at Hermosa Elementary School prompted authorities to charge Brittney Schneiders with battery.

Five other students also accused of battery stemming from the May 8 playground game opted to take probation, but Brittney Schneiders and her parents refused.

"I don't think I did (commit a crime)," Brittney told NBC4's Mary Parks. "I thought I was just playing a dodge ball game. I never thought it would come up to this level."

For seven years, Schneiders made the honor roll and received good citizenship awards, but the teen soccer star is in a legal mess over a game of "Wall Ball."

"Wall Ball" is a game where a team throws or kicks a ball in an attempt to hit other players.

Schneiders kicked a ball that hit a boy who wore braces, giving him a fat lip.

The district attorney, probation and sheriff's departments agreed with the school that the boy was repeatedly and unnecessarily hit with the ball and they filed charges against the students.

But Brittney's father, Ray Schneiders, believes the law has gone overboard.

"We are not parents who see our princess can do no wrong," Ray Schneiders said. "It is all about power and the manic egos of those who possess and abuse it."

David Hidalgo, supervising deputy district attorney for San Bernardino County, told NBC4 that although it is illegal for his office to discuss specific cases, he notes that there is always the option of community service or a letter of apology to resolve a case.

"When parents refuse to cooperate under those circumstances and they refuse to hold a minor accountable for their criminal conduct and insist they go to court to refute the allegations, then we have no choice," Hidalgo said.

The district attorney's office also is frustrated by not being able to legally and publicly divulge all the facts in the case, Parks reported.

The case is set for trial in March.

Unless there is significantly more to this case than is being reported, it seems to me that you have a well-connected parent and an over-zealous prosecutor out to punish what appears to be a trivial injury.

Posted by: Greg at 12:46 PM | Comments (3) | Add Comment
Post contains 416 words, total size 3 kb.

1 Insane! Battery for wallball? What's next, charging the star linebacker for tackling too hard. Lawyers...maybe Cheney is on to something!!!

Posted by: John The Author at Fri Feb 17 14:55:17 2006 (HFq4N)

2 You got the HOLE storey not the WHOLE story.

As a parent with children at the School I have both general and specific knowledge as to the happenings last May. As seems to be the case more and more often the press and the media only got half the story. It seems a shame that while hiding behind the first amendment you can use that as a shield for not doing your homework and checking your facts. Just in case they did not teach you this in journalism school there are two sides to every story. The truth is not always news, but it is always the truth. It is clear that you spoke at length to the Schneiders’ and you got their “view” for what happened. None of my children were involved so I believe I can give you an unbiased version of the story.

First – The children were playing dodge ball not wall ball. The fact that they were playing against a wall does not change the game. Dodge ball is played with a jelly ball not a soccer ball. You throw the ball at a player not kick it and when it hits that player they are out. You do not continually throw the ball (or kick it) at the same player. When you do that that is not playing dodge ball that is picking on another child.

There has been several comments that “they were just playing a game”. As I stated above what happened is not part of the game. I am sure it started innocently enough, but at some time the goal became to pick on one child. That is wrong.

There were basically seven children involved. One was being attacked by the remaining six. If you knew nothing else and I stopped here then you know that six on one is ALWAYS wrong. The six’s actions were reprehensible if for no other reason than six picking on one is wrong. The six started to continuously throw balls at the one. From your article they were throwing soccer balls and Brittany Schneiders even kicked the soccer ball into the head of the one.

School staff finely arrived and broke it up basically when it was about over. Because of the lack of actions of a weak principal nothing was done. The six did not lose any privileges and were not really punished. Had action been taken then this entire thing would have probably gone away.

Since the weak principal was not willing to act then the police became involved. From what I understand the police questioned the six without their parents present which is wrong, but I also understand that the six (or at least some of them) showed remorse about their actions.

The problem came from many of the parents, certainly the Schneiders, suffering from the fairly common ailment “My kid would never do anything wrong”. Kids make the wrong decisions; they mess up and they make mistakes - that’s what kids do. When you ask them you NEVER get the whole story. These six were wrong. End of story. A few of the parents of the six kids did not want to admit that. The shouting and swearing at staff members in the parking lot by Mrs. Schneiders and another parent and describing it as just “dodge ball gone bad” were prime examples of this belief.

Had the parents stepped up and said my kid was wrong and they will be punished then this would not have grown out of proportion because I believe that the police and the DA have better things to do, but the Schneiders could not admit that their sweet little Brittany would do any thing wrong. Well she did. She may be a nice girl and get good grades, but she had a history of picking on other children and so did at least some of the other of the 6. That is what some kids do. While it is wrong and not very nice it is not a crime and most kids grow out of it.

So by not admitting that their kid did the wrong thing this will go one for over a year and will probably effect many years of Brittany’s life. In the end she will be found guilty because she is guilty. Is this blown out of proportion? Yes! Is the DA wasting our tax dollars when real criminals are out walking around? Yes! The DA had taken a stance to prosecute six 12 year olds when the family of the victim is not really interested in it and I can only ask why. However that is not the point. When the Schneiders go on the radio and say “my kid did not do anything wrong” it is a lie. While I agree that it should not have been a matter for the courts, she was still wrong. Six on one is ALWAYS wrong. Mr. and Mrs. Schneiders should have admitted that in May and this would have been over with. Saying she did nothing wrong does not make it true. Talking to the newspaper and the TV and telling half the story is a lie as well. She was wrong.

A message to the Schneiders - Admit it and move on. Why drag the rest of the community into it with TV cameras that keep the children at the school, that none of the 6 attend any more, in for recess. Why affect hundreds of children when you are the ones who did the wrong thing. First your daughter made a mistake and then you made a bigger one by not wanting to admit it.

Because of your attitude and actions the DA has decided to pursue this case. While I disagree with the DA and feel it is a waste of my tax dollars you are the cause not the DA, the school, the staff or even your daughter.

As a parent I expect to only get half the story from a kid, but you are adults. Start acting like it. It is too late to head this off and keep it from happening (which I believe you could have done) by doing the right thing, but you can stop it now. When you do everyone’s life can go back to normal including your families and the rest of ours as well.

Admit it - Your child is not perfect. This could have been a good lesson for them. If you pick on someone weaker then you, you will be punished. Instead Brittany has learned that you will believe anything she says and there are no consequences for her actions.

She was wrong, you were wrong, admit it and move forward.

Posted by: Bill Smith at Tue Feb 21 14:21:28 2006 (GcgMF)

3 So, Bill, what is YOUR connection to this case? Where do you get YOUR version of the events. I ask that not as an attack, but to judge the credibility of your words.

Posted by: Rhymes With Right at Tue Feb 21 15:31:26 2006 (wfdL5)

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